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Chapter 16 Sentencing

Chapter 16 Sentencing. This chapter examines the sentencing process including: Prohibitions against cruel and unusual punishments Various types of punishment Differences between the punishments Probation Rehabilitation Suspended sentences. History of Punishment. Revenge by the clan

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Chapter 16 Sentencing

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  1. Chapter 16Sentencing • This chapter examines the sentencing process including: • Prohibitions against cruel and unusual punishments • Various types of punishment • Differences between the punishments • Probation • Rehabilitation • Suspended sentences

  2. History of Punishment • Revenge by the clan • Blood Feud • Protection within a church • Banishment • Imprisonment as punishment • American invention

  3. Sentencing • Probably the most complex part of a trial • Pretrial report • Some states allow defendant to elect sentencing by jury. • In most states, trial judge does the sentencing • Sentences when convicted on multiple convictions may run consecutively or concurrently.

  4. Types of Sentences • Definite • Fixed term • Inflexible • Indefinite • Indeterminate term • Actual term decided by correctional administrators

  5. Suspended Sentences • Used in early England • Presently used in American courts • Offender may be required to serve some time prior to suspension • If offender commits new crimes, he or she may be sentenced on the suspended sentence in addition to the new punishment

  6. Probation • Form of clemency • No inherent right to probation • Trial judge has wide discretion regarding the use of probation • Judge may place an individual on probation without sentencing him or her, or the judge may impose a sentence and then put the person on probation

  7. Conditions of Probation • A contract between the defendant and the court • Generally must agree to search without probable cause • Must abide by certain requirements placed on the defendant by the probation officer

  8. Death Penalty • Is it cruel and unusual? • Gregg v. Georgia • Mandatory death penalty for commission of certain crimes is cruel and unusual–Woodson v. North Carolina • Alternate sentencing procedure must be followed prior

  9. Coker v. Georgia • Death penalty excessive for the crime of rape • Bright line between murder and all rapes regardless of the degree of brutality involved

  10. Williams v. Illinois • Imprisoning an indigent defendant because he or she cannot pay the fine is in violation of the Due Process Clause of the Fourteenth Amendment.

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