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Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Chapter 3 Sentencing: To Punish or to Reform?
Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Learning Objectives
q Describe sentencing philosophy and identify the central purpose of criminal punishment
q Name the seven goals of criminal sentencing
q List and explain the sentencing options in general use today
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Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Learning Objectives
q Explain what a model of criminal sentencing is and identify models in use today
q Describe three-strikes laws and their impact on the correctional system
q Identify and explain some major issues related to fair sentencing
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Sentencing
q Imposition of a criminal sanction by a sentencing authority
q Sentence: Penalty a court imposes on a person convicted of a rime
q Social order: Smooth functioning of social institutions, positive relations among individual members of society, and orderly functioning of society as a whole
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Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Goals of Sentencing
q Revenge: Punishment as vengeance q Emotional response to real or imagined injury or insult
q Retribution: Retaliation against a criminal perpetrator q Belief that victims are entitled to reprisal
q Just deserts: Punishment deserved q Offenders are morally blameworthy and hence deserving of punishment
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Goals of Sentencing
q Deterrence: Discouragement or prevention of crimes through the fear of punishment q Specific deterrence: Deterrence of the individual being punished from additional crimes
q General deterrence: Use of the example of individual punishment to dissuade others from committing crimes
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Goals of Sentencing q Pleasure-pain principle: Idea that actions are motivated primarily by a desire to experience pleasure and avoid pain
q Incapacitation: Use of imprisonment or other means to reduce an offender’s capability to commit future offenses q Correctional econometrics: Study of the cost- effectiveness of correctional programs and related reductions in the rate of crime
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Goals of Sentencing
q Rehabilitation: Changing of criminal lifestyles into law-abiding ones q Involves correction of behavior through treatment, education, and training
q Reintegration: Process of making the offender a productive member of the community
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Goals of Sentencing
q Restoration: Process of returning to their previous condition all those involved in or affected by crime q Restorative justice: Systematic response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime
q Victim-impact statement: Description of the suffering that a crime has caused victims
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Restorative Justice or Community Justice Programs Vic$m– offender media$on
Vic$m– offender
reconcilia$on
Vic$m-‐impact panels
Restora$ve jus$ce panels
Community repara$ve boards
Community-‐ based courts
Family group conferences
Circle sentencing
Court diversion programs
Peer media$on
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Sentencing Options
q Fines or other monetary sanctions q Probation q Alternative or intermediate sanctions q Incarceration q Death Penalty q Restitution: Payments made to the victim by a criminal offender, as compensation for the harm caused
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Types of Sentences
q Mandatory sentences: Sentences required by law under certain circumstances
q Presentence report (PSR): Provides a social and personal history and an evaluation of a defendant q Helps the court in determining a sentence q Prepared by a court’s probation department
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Types of Sentences
q Consecutive sentences: Sentences served one after the other q Imposed when a person is convicted of multiple offenses
q Concurrent sentences: Sentences served simultaneously
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Sentencing Models
q Model of criminal sentencing: Strategy or system for imposing criminal sanctions
q Flat sentences: Specify an amount of time to be served in custody and do not allow variation from the time specified
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Sentencing Models q Indeterminate sentence: Judge specifies a maximum and minimum length of time, and parole board determines the actual time of release q Good time: Amount of time prison authorities deduct from a sentence for good behavior or other reasons
q Determinate sentence: Sentence of a fixed term of incarceration q Can be reduced by good time
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Guideline Sentencing
q Voluntary/advisory sentencing guidelines q Not required by law q Based on past sentencing practices
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Guideline Sentencing
q Presumptive sentencing guidelines q Developed by a sentencing commission
q Sentencing commission: Create a schedule of sentences that reflect the gravity of the offenses committed and the prior record of the offender
q Guidelines are explicit, highly structured, and are mandatory
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Federal Sentencing Guidelines
q Take into account: q Defendant’s criminal history q Nature of the criminal conduct q Particular circumstances surrounding the offense
q Federal trial judges must follow the guidelines in their sentencing decisions
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Sentencing Enhancements
q Legislatively approved provisions that mandate longer prison terms: q For specific criminal offenses committed under certain circumstances
q Because of the offender’s past criminal record
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Federal Fair Sentencing Act q Reduced disparity in the amounts of powder cocaine and crack cocaine stated by the federal sentencing guidelines
q Eliminated mandatory minimum sentence for simple possession of crack cocaine
q First conviction for simple possession of crack cocaine is subjeimprisonmentct to a penalty of zero to one year of q Regardless of quantity
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Mandatory Minimum Sentencing
q Imposition of sentences required by statute for those: q Convicted of a particular crime q Convicted of a particular crime under special circumstances
q With a particular type of criminal history
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Mandatory Minimum Sentencing
q Three-strikes laws - Sentence enhancements used to: q Deter known and potentially violent offenders
q Incapacitate persistent criminals q Goals of mandatory sentencing are deterrence and incapacitation
q Has had an impact on crime and the operations of the criminal justice system
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Habitual Offender Statute
q Allows a person’s criminal history to be considered at sentencing
q Makes it possible for a person previously convicted of another specified offense to receive a more severe penalty than that for the current offense alone
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Three-Strikes Models: Differences in Washington and California Laws
Washington Law
• All three strikes must be for
felonies specifically listed in the
legisla$on
• No two-‐strikes provision
• Third-‐striker gets a life term in
prison without the possibility of
parole
California Law
• Only the first two convic$ons
need to be from the state’s list of
strikeable crimes
• Contains a two-‐strikes provision
• Third-‐striker has at least the
possibility of being released aKer
25 years
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Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.
Impact of Three-Strikes Laws on Local Courts and Jails
q High populations in jails due to: q Defendants facing enhanced penalties demanding jury trials
q Added time to process cases through trials q Courts’ reluctance to grant pretrial release to defendants facing long prison terms
q In recent times, counties have been effectively disposing of two- and three- strikes cases early in the process
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Impact of Three-Strikes Laws on Local Courts and Jails
q Increase costs q Funnel increasingly older persons into correctional institutions
q Solution - Realignment q Reduces state expenditures on correctional clients
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The Current Applicability of Three-Strikes Laws and Habitual Offender Statutes
q Budgetary shortfalls in the correctional systems have led some states to: q Use habitual offender statutes less frequently q Release repeat offenders early q Release nonviolent and relatively minor drug offenders
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Fair Sentencing
Sentencing prac$ces that incorporate fairness for both vic$ms and offenders
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Issues in Sentencing
• Severity of punishment should match the seriousness of the crime Propor$onality
• Similar crimes and offenders should be treated alike Equity
• Severity of punishment should take into account the offender’s prior criminal behavior
Social debt
• Requires offenders to serve a substan$al por$on of their sentence • Reduces the discrepancy between sentence imposed and actual $me spent in prison
Truth in sentencing
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Broader Issues
q Guideline-based determinate sentencing and restorative justice are inherently at odds with one another
q Solution q Seeking greater community involvement in the development of sentencing guidelines
q Creation of a hybrid system of restorative sentencing guidelines
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