Transcript Sentencing and Corrections

SENTENCING AND
CORRECTIONS
Sentencing
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Final phase of the criminal justice process
Once found guilty, the defendant will be sentenced
by a judge, or in a few states, a jury
Sentencing Options
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Suspended Sentence
doesn’t have to be served at time imposed
 Will have to serve at a later time if he/she is rearrested or
violates a condition of probation
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Probation
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defendant released under supervision and has to follow
certain restrictions
Home Confinement
A.k.a., house arrest
 Typically can leave for work, school, or dr. appt.
 Sometimes required to wear electronic monitoring device
 What are the advantages/disadvantages of this option?
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Sentencing Options (cont.)
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Fine
Restitution
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Work Release
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allowed to work in the community, but must return to prison
at night or on weekends
Imprisonment
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defendant required to pay back or make up for whatever
loss or injury caused to the victim
some states have definite numbers of years, but some have
indeterminate terms (i.e., not less than two years, or more
than ten)
Death
Issues with Sentencing
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Sentencing is left up to the courts, and some say that is
unfair
 Statutes
by Congress and state legislatures are passed to
prevent some discretion (usually they require fixed or
mandatory punishments)
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Some believe discretion is necessary to take into
consideration outside factors like poverty, abuse, etc.
Statistics show that minorities are more likely to be
sentenced more harshly than whites for the same crime
 Why
do you think this is? How can we remedy this
situation?
Purpose of Punishment
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Retribution
primary purpose in earlier times
 “eye for an eye”
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Deterrence
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discouraging the criminal and others from committing crimes
Rehabilitation
change behavior so that they can lead productive lives after
release
 This is always the purpose for juveniles
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Incapacitation
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separated from community, imprisoned
Controversial Issues in Sentencing:
Parole
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The release of a convicted person from prison
before his or her entire sentence has been served
 Most
prisoners are paroled for good behavior
 Typically,
one day of good behavior knocks one day off the
end of their sentence
 Other times, it is after the person has served a set amount of
time
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Parole is not a right, it’s a privilege
Some states have no parole because they believe
the punishments are more of a deterrent to criminals
Controversial Issues in Sentencing:
Capital Punishment
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1st used in America in 1630
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34 states had death penalty statutes in 2011
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usually used only in homicide cases today
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only one man, Patrick Kennedy, is on death row for the rape of his 8-year-old
step-daughter
Total Executions by type since 1976
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AK, HI, IL, IA, ME, MA, MI, MN, NJ, NM, NY, ND, RI, VT, WV, WI (and D.C.) do not have
the death penalty
1104 Lethal Injection; 157 Electrocution; 11 Gas Chamber; 3 Hanging; 3 Firing
Squad
35 states plus the US government use lethal injection as their primary method.
Some states utilizing lethal injection have other methods available as
backups.
Though New Mexico abolished the death penalty in 2009, the act was not
retroactive, leaving two prisoners on death row and its lethal injection
protocol intact.
Controversial Issues in Sentencing:
Capital Punishment (cont.)
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Sentence usually determined after two-part trial
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one that determines guilt, while the other on whether the
defendant should receive the death penalty
Aggravating circumstances
more severe
 gruesome murder, crime involving child, etc.
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Mitigating circumstances
less severe punishment appropriate
 victim abuse of the defendant, no prior criminal history, etc.
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more than half the world’s countries have abolished the
death penalty in law or practice
Capital Punishment and Race
Explain these statistics. Is this racism at work or is there another
explanation. Explain.
More Capital Punishment Statistics
Blacks: 1,353
Whites: 1,417
Women: 61
Corrections
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large increase in prisoners since 1990
 mostly
because of tougher crime laws, longer
mandatory sentences, etc.
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Overcrowding in prisons has become a problem
Cost=$15,000-50,000 per year per prisoner
More than ½ of those who leave prison become
repeat offenders within 3 years.
 What
can we do about this?
Current Trend
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In the state of GA and other places, reform of the
justice system has become a priority
 Mostly
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in an attempt to save money
The mantra is the politicians are not being “softer
on crime” but “smarter on crime”
 Reforming
sentencing and probation laws
 Examples from GA:
 $49
per day to imprison someone (min security)
 $16 for rehab prgm
 $1.50 for probation supervision
REVIEW
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Criminal sentencing serves the following purpose.
A) retribution
C)
rehabilitation
B) deterrence
D)
all of the above
A sentencing option that reflects the get-tough attitude
toward crime is
A) electronic monitoring.
C)
probation.
B) three strikes.
D)
suspended sentence.
Review
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A person released from prison before the completion of
their confinement time and supervised in the community is
on
a. probation.
c.
parole.
b. restitution.
d.
suspended sentence.
In states that have mandatory sentencing laws,
a. judges have great discretion in setting the sentence.
b. juries have great discretion in setting the sentence.
c. judges have little discretion in setting the sentence.
d. none of the above
REVIEW
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Who would be held in prison rather than in jail?
A) Mary is serving her sentence for a felony.
B) Tim is charged with murder and awaiting trial.
C) George is serving 10 days for driving under the
influence.
D) none of the above
Crossword
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Now, work on the Ch. 12-15 Crossword (quiz next
time)