CJ
Chapter 11
Punishment
and Sentencing
© 2011 Cengage Learning
Learning Outcomes
LO1: List and contrast the four basic
philosophical reasons for sentencing
criminals
LO2: Contrast indeterminate sentencing with
determinate sentencing
LO3: List the six forms of punishment
LO4: Explain some of the reasons why
sentencing reform has occurred.
LO5: Outline the Supreme Court rulings on
capital punishment that led to the
bifurcated process for death penalty
sentencing
© 2011 Cengage Learning
LO 1
List and contrast the four
basic philosophical reasons
for sentencing criminals.
© 2011 Cengage Learning
Learning Outcome 1
Philosophical Reasons for
Sentencing:
• Retribution
• Deterrence
– General and Specific
• Incapacitation
• Rehabilitation
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Learning Outcome 1
• Restorative Justice
– Provides victims with:
• An opportunity to participate in the process
• Material reparations
• An apology
– Attempts to repair damage that a crime
does to the victim.
© 2011 Cengage Learning
CAREERPREP
Mediation Specialist
Job Description:
• Complement the standard adjudication of a crime by acting as a third
party facilitator between the victim and the offender. Help resolve their
conflicts through a face-to-face discussion of the criminal act.
• Encourage the increased presence of re storative justice in the criminal
justice system.
What Kind of Training Is Required?
• No formal licensing or certification process exists for mediators. Rather,
training is available through independent mediation programs and
mediation organizations. Some colleges and universities offer advanced
degrees in conflict management and dispute resolution.
• Skills required include the ability to communicate, negotiate, solve
problems, and analyze difficult situations. Successful mediators are also
highly intuitive and able to meet clients’ emotional needs during difficult
times.
Annual Salary Range?
$28,000–$102,200
For additional information, visit: www.voma.org.
© 2011 Cengage Learning
LO 2
Contrast determinate and
indeterminate sentencing.
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Learning Outcome 2
• Legislative sentencing authority
– Indeterminate sentencing
• Set a minimum and maximum sentence,
within which a judge prescribes a particular
term .
• Parole board decides when the offender is
released.
• Parole and the Parole Board
– Determinate sentencing
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Learning Outcome 2
• Legislative sentencing authority
– Determinate sentencing
• Offender serves the exact amount of time of
the sentence
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Learning Outcome 2
In reality, the actual sentence does not
reflect the actual amount of time
spend in jail.
– Parole boards
– “good time”
In response to public concerns, some
states passed a truth-in-sentencing law.
© 2011 Cengage Learning
Learning Outcome 2
• Legislative sentencing authority
– Determinate sentencing
• Offender serves the exact amount of time of
the sentence
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Learning Outcome 2
Judicial sentencing authority
• Judges bear most of the
responsibility for choosing sentences.
• Determinate sentencing is a direct
encroachment on the power of judges
to make sentence decisions.
© 2011 Cengage Learning
© 2011 Cengage Learning
Learning Outcome 2
Judge’s Role in Sentencing
• During pretrial, judge is passive and
reactive.
• In traditional sentencing hearing, judge
has ultimate authority of the state.
• Judicial discretion
– Judge should be given leeway in determining
punishments that fit the crime and the
criminal.
© 2011 Cengage Learning
LO 3
List the six forms of
punishment.
© 2011 Cengage Learning
Learning Outcome 3
Forms of Punishment:
• Capital punishment
• Imprisonment
• Probation
• Fines
• Restitution and community service
• Restorative justice
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Learning Outcome 3
The Sentencing Process:
• The presentence investigative report.
• The Jury
– The jury, not the judge, decides where a
convict eligible for death penalty will be
executed.
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Learning Outcome 3
Factors of sentencing:
• Seriousness of the crime
• Mitigating and aggravating circumstances
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LO 4
Explain some of the reasons
why sentencing reform has
occurred.
© 2011 Cengage Learning
Learning Outcome 4
Sentencing Disparity:
Those who commit similar crimes should
receive similar punishments.
Disparity occurs when:
1.
2.
3.
Criminals receive similar sentences for different
crimes of unequal seriousness.
Criminals receive different sentences for similar
crimes.
Mitigating or aggravating circumstances have a
disproportionate effect on sentences.
© 2011 Cengage Learning
Learning Outcome 4
Sentencing Discrimination:
When the sentence is influenced by race,
gender, economic status, or some other
factor not related to the crime.
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Learning Outcome 4
Sentencing Guidelines:
• Require judges to dispense legislatively
determined sentences.
• Federal sentencing guidelines –
Sentencing Reform Act (1984)
• Judicial Departure
– Both federal and state guidelines give
judges a limited amount of discretion.
© 2011 Cengage Learning
Learning Outcome 4
Mandatory Sentencing Guidelines:
• Habitual offender laws
• “Three-strikes” in court
– Rummel v. Estelle (1980)
– Lockyer v. Andrade (2003)
© 2011 Cengage Learning
Learning Outcome 4
Victim Impact Evidence
• Victims given the opportunity to
testify during sentencing about their
sufferings.
• Victim Impact Statements
• In almost all instances, the goal is to
increase the harshness of the
sentence.
© 2011 Cengage Learning
CAREERPREP
National Victim Advocate
Job Description:
• Provide direct support, advocacy, and short-term crisis
counseling to crime victims.
• Act as a liaison between victims or witnesses and district
attorneys or law enforcement, and provide court support for
victims.
What Kind of Training Is Required?
• A bachelor’s degree in criminal justice, social work/psychology,
or a related field.
• A minimum of two years’ experience in the criminal justice
system, one year of which should have involved direct services
with victims.
Annual Salary Range?
$29,000–$44,000
For additional information, visit: www.ncvc.org/ncvc/Main.aspx.
© 2011 Cengage Learning
LO 5
Outline the Supreme Court
rulings on capital punishment
that led to the bifurcated
process for death penalty
sentencing.
© 2011 Cengage Learning
Learning Outcome 5
• 3,300 inmates are currently on death
row.
• Rate of executions peaked in 1999,
but still higher than at any time in the
past 60 years.
• Methods include hanging, the electric
chair, firing squad, the gas chamber,
and lethal injection.
© 2011 Cengage Learning
© 2011 Cengage Learning
© 2011 Cengage Learning
Learning Outcome 5
The Death Penalty and the Supreme Court:
• Weems v. United States (1910)
– Three precedents on sentencing
• Cruel and unusual punishment is defined by the
changing norms and standards of society and is
not based on historical interpretations.
• Courts may decide whether a punishment is
unnecessarily cruel with regard to physical pain.
• Courts may decide whether a punishment is
unnecessarily cruel with regard to psychological
pain.
© 2011 Cengage Learning
Learning Outcome 5
The Death Penalty and the Supreme
Court:
• Furman v. Georgia (1972)
– The death sentence is so arbitrary, that
it’s like being struck by lightning.
© 2011 Cengage Learning
Learning Outcome 5
The Death Penalty and the Supreme
Court:
• Gregg v. Georgia (1976)
– Court ruled in favor of bifurcated
process.
• Jury first determines guilt or innocence of
accused.
• Jury then reconvenes to decide on death
sentence for guilty
© 2011 Cengage Learning
Learning Outcome 5
Mitigating Circumstances
• Insanity
• Mentally Handicapped
– Atkins v. Virginia (2002)
• Age
– Roper v. Simmons (2005)
© 2011 Cengage Learning