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Punishment & Sentencing

Punishment & Sentencing. Chapter 10 in Your Textbook John Massey Criminal Justice. Philosophies for Punishment. Four basic philosophies 1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution Incapicitation Offenders can no longer pose a threat to society

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Punishment & Sentencing

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  1. Punishment & Sentencing Chapter 10 in Your Textbook John Massey Criminal Justice

  2. Philosophies for Punishment • Four basic philosophies • 1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution • Incapicitation • Offenders can no longer pose a threat to society • Take away criminal ability • Remove from community = reduce criminal opportunity • Deterrence • Prevent future crimes • Setting an example (cost/benefit analysis) • General and Specific Deterrence • Rehabilitation • Do not just punish • Treat and cure (drug treatment, etc.) • Retribution • Eye for an eye • Punishment should be proportional to crime committed

  3. Forms of Sentencing • Intedeterminate, Determinate, Truth-In-Sentencing • Interdeterminate sentencing • Judge determines minimum and maximum terms for imprisonment • When minimum is reached – person is eligible for parole • Determinate sentencing • Fixed sentencing • Offender serves an exact amount (usually cannot be reduced) • Truth-in-sentencing • Requires those convicted of certain crimes to serve at least 85 % of sentence • Part of “get-tough” movement • Good time • Reduction in time served by prisoners based on their good behavior • Not used as often as it was in the past

  4. Forms of Punishment • Different ways to punish our criminals • Capital Punishment • The death penalty (38 states and the federal govt.) • 1st degree murder, murder of a police officer • Electric chair, lethal injection, firing squad • Imprisonment • Very common • Jails and prisons • Overcrowding and budget problems • Probation • A Community Sanction • Eases overcrowding • Electronic monitoring, house arrests, boot camps, etc. • Fines • Yet to catch on in the U.S. • Some minor crimes and drug cases • Part of salary or income in other countries

  5. Forms of Punishment • Restitution and Community Service • Reparations to injured party • Pay victims of a crime for “damages” • Cleaning up litter on roads, painting, landscaping, etc. • Restorative Justice • Apologize, show remorse, admit your faults • Shame Punishment • Newest form • Shoplifters, sex offenders

  6. Sentencing Decisions • Seriousness of offense • Criminal history • Employment • Victims • Sentencing Disparity • Crack v. cocaine possession (5. g v. 500 g.) • Sentencing Guidelines • Require judges to give determined sentences based on variety of factors • Seriousness of crime • Criminal record • Mandatory Sentencing/Habitual Offender Laws • Specific crimes • Long sentences • Ex: three strikes

  7. More on the Death Penalty • Legal until 1972 • Furman v. Georgia (5-4 vote) • Violated 8th amendment • Cruel and unusual punishment • Gregg v. Georgia (1976) • Think prohibition of alcohol • Few executions from 1976-1985 • Increase since 1985 • Slowed up in last few years • Technology, DNA, Forensics • Texas #1, Virginia #2 • The Death Penalty Debate • Death v. life in prison without the possibility of parole (the question)

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