Sentencing and Punishment
Course
Court Systems
and Practices
Unit XII
Sentencing and
Punishment
Essential
Question
What rights does
the defendant
have during
sentencing?
TEKS
§130.296(c)
(2)(D)(4)(E)
(5)(F)
Prior Student
Learning
Trial Unit
Estimated Time
2 to 4 hours
Rationale
A defendant has certain rights when it comes to sentencing. It is important for
the defendant’s attorney to know these rights to be certain his or her client is
treated fairly in a constitutional way.
Objectives
The student will be able to:
1. Identify the defendant’s rights during sentencing
2. Describe what is considered in a presentence report and when a judge.
assigns probation
3. Analyze an interaction between a defendant and a probation officer in a
scenario
4. Construct a report as a defense attorney trying to get a client a light
sentence in a scenario
5. Evaluate the argument another student makes for a lighter sentence for
their client
Engage
Use the following scenario and questions for a class discussion. Scenario:
You are found guilty of a crime. You will be sentenced for the crime.
Questions: What are some actions that you can take to help your standing
with the judge or the jury in getting the best sentence possible? What are
some things you should not do? Use the Discussion Rubric for assessment.
Key Points
I. Sentencing
A. When someone is found guilty of the crime he or she is accused of, the
next phase of the criminal justice system is sentencing
B. There are different types of sentencing options which range from fines,
to probation, to community service, to incarceration
C. Sentencing may be done by a jury or a judge
II. When Sentencing Occurs
A. Sentencing may occur right away or after the judge has had a
presentence report
B. A presentence report is an investigation that may be done by a
probation officer between the conviction and sentencing date of the
defendant, and includes
1. The circumstances of the offense
2. The defendant’s personal history and criminal record
3. A victim impact statement
III. Presentence Report
A. It is the duty of a good defense attorney to make sure the probation
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officer hears about positive aspects of the defendant
B. The probation officer might meet with the defendant to discuss the
defendant’s
1. Presentence report
2. Version of the criminal act
3. Reason for the crime
4. Prior criminal record
5. Personal and family history
6. Education and employment history
7. Health, and potential alcohol and drug abuse
8. Financial status
9. Military record
C. The defendant should be prepared to answer the probation officer’s
questions in the most favorable light possible and show remorse for his
or her actions
D. The defendant usually has access to the report but not always to the
recommendations made in the report
E. The defendant’s attorney can do the following during a presentence
report to help the defendant’s case
1. Research alternate sentences to suggest to the probation officer
2. Assist the defendant with finding a job or enrolling in a drug rehab
program in order to improve his or her profile
3. Meet with the probation officer to present helpful information
4. Prepare a written statement explaining why the defendant should
receive a light sentence
5. Have a private presentence report done for a hefty fee
IV. Sentencing Hearing
A. At the sentencing hearing, defendants can have witnesses testify to
their good character and rehabilitative efforts
B. Defendants have a right of allocution where they speak on their own
behalf before the judge
C. No one can speak on a defendant’s behalf but defendants can work
with their attorney beforehand to prepare a statement
D. The punishment has to be within the range that the law has specified
for the category of the crime
E. Defendants may get credit for time served if they were incarcerated
before their trial
F. The sentence may take effect right away or at a future time; this is
determined by the court
V. Probation
A. Defendants might be eligible for probation
B. Probation is an alternative punishment to incarceration where
defendants remain free while meeting certain requirements determined
by the judge
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C. When assigning defendants probation, the judge will consider
1. The defendant’s criminal record
2. The seriousness and violence of the crime
3. Whether the defendant is a danger to society
4. Whether the defendant is willing to make restitution to the victim
5. What culpability the victim had in the crime
D. Defendants are responsible for reporting to a probation officer
E. If the defendants violates the terms of their probation as reported by
the probation officer to the court, they will then be incarcerated
F. Before this occurs, defendants may have a probation revocation
hearing where the defense and prosecution will show evidence as to
why or why not the defendants should receive the punishment
determined by the judge
G. Defendants are entitled to a written notification of the time, place, and
reason for the hearing
H. The burden of proof is less and the judge does not have to follow strict
rules of evidence during the hearing
I. If the violation of probation is a defendant being charged with a new
crime, the probation revocation hearing may occur after the trial for that
crime
J. Defendant may be able to take a plea deal that covers both the new
offense and the probation violation
VI. Alternative Sentencing – judges can also hand out various types of
sentencing such as community service, fines, retribution, and other
innovative types of punishment
VII. Appeals
A. If defendants do not agree with the conviction or the sentence, they
can file an appeal to higher court for a new verdict or a new trial
B. These appeals are usually filed by the defense attorney since the
defendants must begin serving their sentence
Activities
1. Completion of the Sentencing and Punishment Quiz. The quiz may be
open-note and used as a study guide for the Sentencing and Punishment
Exam.
2. Divide the class into partners. Have groups write a script between a
probation officer and a defendant having their presentence report
interview. The students may be creative with using an actual crime the
defendant was found guilty of or a law created by the student that was
broken. In the script, the answers to the questions should be favorable
towards the defendant. The students will intentionally leave some
elements out of the script that the probation officer would normally ask.
The students should make a separate list of the types of questions they
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intentionally left out of the script with answers to those questions.
After the scripts are written, the students will go to at least one other pair
of students and they will play the role of the defendant’s defense attorney
who is with his or her client during the interview. As the “defense attorney”,
he or she may raise questions to the “defendant” that the “probation
officer” is not asking in an effort to make the defendant look good.
After this, the student who played the role of the defense attorney will write
at least a one-page paper that will take the place of a written statement
presented in the presentence report to the judge. A good paper should
consist of items done by the defense attorney (listed in the Sentencing
and Punishment computer-based presentation) that would help out the
defendant.
This paper will then go to a different pair of students who will be presented
with the paper of questions intentionally left out of the script with an
explanation of whether the omitted questions were eventually asked by
the defense attorney. This pair of students will play the role of the judge.
They will read the paper written by the defense attorney. They will decide
if the sentence would have been harsher or lighter depending on the work
done by the defense attorney. If need be, the instructor could require that
more than one pair of students grade the paper. The Writing Rubric may
be used to assess this activity.
Assessments
Sentencing and Punishment Exam and Key
Sentencing and Punishment Quiz and Key
Discussion Rubric
Research Rubric
Writing Rubric
Materials
Sentencing and Punishment computer-based presentation
Resources
1413310532, The Criminal Law Handbook: Know Your Rights, Survive the
System (11th Edition) by Paul Bergman, J.D. and Sara J. Berman, J.D.
Accommodations for Learning Differences
For reinforcement, students will imagine that they have been convicted of a
crime and are about to be sentenced. They will write down the good things
about their life that they would want the court to know before they are
sentenced. They must give an explanation as to why each thing would be
good for the court to hear. Use the Writing Rubric for assessment.
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For enrichment, students will research alternate, creative types of sentences
that judges have handed down. Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(2)
The student explores the roles and responsibilities of members
of courtroom work groups. The student is expected to:
(D)
discuss the dynamics of assembly line justice and
discretion found in court proceedings.
(4)
The student examines the steps by which a criminal charge is
processed through pretrial, trial, adjudication, and the appellate
stages. The student is expected to:
(E)
identify the trial process from pretrial to sentencing;
(5)
The student explains the structure and provisions of the United
States Constitution and the Bill of Rights and how they impact
the criminal trial process. The student is expected to:
(F)
describe the due process rights of a criminal suspect in
the trial and sentencing process;
College and Career Readiness Standards
English/Language Arts
I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
1. Determine effective approaches, forms, and rhetorical
techniques that demonstrate understanding of the writer’s
purpose and audience.
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Name________________________________ Date__________________________
Sentencing and Punishment Exam
_____1. Who is the sentencing done by?
a) The judge
b) The jury
c) The lawmakers
d) A or B
e) All of the above
_____2. You are found guilty of the crime you have been charged with. The jury just read the
verdict. You want to find out right away what your sentence will be but you are told to
come back to the courthouse the next day to find out. Your attorney appeals to the
judge to find out your sentence right away. The judge must agree with you since your
attorney made an official appeal.
a) True
b) False
_____3. A presentence report is an investigation that may be done by a probation officer
between the closing statements and the reading of the verdict of the defendant.
a) True
b) False
_____4. What would not be included in a presentence report?
a) The circumstances of the offense
b) The defendant’s personal history and criminal record
c) The defendant’s plea of mercy statement
d) A victim impact statement
_____5. You are going to be sentenced for the crime you were just found guilty of. Your defense
attorney will be meeting with the probation officer. If your attorney is good, what will he
or she be sure to say to the officer?
a) How your troubled childhood contributed to your conduct
b) How you could have committed a worse crime than you actually were found guilty of
c) How you have already paid the victim back for the damage you caused
d) All of the above
_____6. For a presentence report, your defense attorney would discuss your version of the
criminal act and your reason for it with the probation officer?
a) True
b) False
_____7. For a presentence report, your defense attorney would not bring up your education and
employment history with the probation officer.
a) True
b) False
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_____8. For a presentence report, your defense attorney would discuss your reason for the
crime with the probation officer.
a) True
b) False
_____9. For a presentence report, your defense attorney would not discuss your personal and
family history with the probation officer.
a) True
b) False
_____10. For a presentence report, your defense attorney would discuss your prior criminal
record with the probation officer.
a)True
b) False
_____11. For a presentence report, your defense attorney would discuss your financial status.
a) True
b) False
_____12. For a presentence report, your defense would not discuss your military record with the
probation officer.
a) True
b) False
_____13. Defendants should be prepared to answer the probation officer’s questions in the most
_____________ light possible and show ________________ for their actions.
a) Respectful/sorrow
b) Delightful/contempt
c) Negative/joy
d) Positive/remorse
_____14. What does the defendant always have access to?
a) The presentence report
b) The recommendations made in the presentence report
c) Both A and B
d) None of the above
_____15. During a presentence report, the defendant’s attorney may not research an alternate
sentence to suggest to the probation officer for the defendant.
a) True
b) False
_____16. During a presentence report, the defendant’s attorney can assist the defendant in
finding a job or enrolling in a drug rehab program to improve his or her profile.
a) True
b) False
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_____17. During a presentence report, the defendant’s attorney can meet with the probation
officer to present helpful information.
a) True
b) False
_____18. During a presentence report, the defendant’s attorney can prepare a written statement
explaining why the defendant should receive a light sentence.
a) True
b) False
_____19. During a presentence report, the defendant’s attorney cannot have a private
presentence report done.
a) True
b) False
Matching:
_____20. At the sentencing hearing, who can defendants have testify to their good character and
rehabilitative efforts?
_____21. What do defendants have a right to when they speak on their own behalf before the
judge?
_____22. Who can speak on a defendant’s behalf before the judge?
_____23. Who can work with defendants to prepare them for what to say before the judge?
a) Allocution
b) The defendant’s attorney
c) Witnesses
d) No one
_____24. What has to be within the range the law has specified for the category of crime?
_____25. What may defendants get credit for if they were incarcerated before their trial?
_____26. What may take effect right away or at a future time determined by the court?
_____27. What is an alternative punishment to incarceration that defendants might be eligible for
in which defendants remain free while meeting certain requirements determined by the
judge?
a) Probation
b) The sentence
c) Time served
d) The punishment
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_____28. What does the judge consider when assigning the defendant probation?
I. The defendant’s criminal record
II. The seriousness and violence of the crime
III. Whether the defendant is a danger to society
IV. Whether the defendant is willing to make restitution to the victim
V. What culpability the victim had in the crime
a) I, II, IV
b) II, III, V
c) I, II, III, V
d) I, II, III, IV, V
_____29. Who are defendants responsible for reporting to when they are on probation?
_____30. What is the result if defendants violate the terms of probation?
_____31. When defendants violate their probation, what may they have where the defense and
prosecution will show evidence of why or why not they should receive the punishment
determined by the judge? They are entitled to this by written notification, and when the
burden of proof is less and strict rules for evidence do not have to be followed?
_____32. What may defendant be able to take that covers both the new offense they have
committed and the probation violation?
_____33. What can defendants file if they disagree with convictions or sentences of their charge?
a) Plea deal
b) Incarceration
c) Probation officer
d) Appeal
e) Probation revocation hearing
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Sentencing and Punishment Exam Key
1. D
2. B
3. B
4. C
5. C
6. A
7. B
8. A
9. B
10. A
11. A
12. B
13. D
14. A
15. B
16. A
17. A
18. A
19. B
20. C
21. A
22. D
23. B
24. D
25. C
26. B
27. A
28. D
29. C
30. B
31. E
32. A
33. D
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Name________________________________ Date__________________________
Sentencing and Punishment Quiz
Who is the sentencing done by?
1.____________________________________or
2.____________________________________
When does sentencing occur?
3.____________________________________or
4.____________________________________
What is an investigation that may be done by a probation officer between the conviction and the
sentencing date of the defendant?
5.__________________________________________________________________
What is included in a presentence report?
6.__________________________________________________________________
What information is it the duty of a good defense attorney to communicate to the probation officer
about the defendant?
7.__________________________________________________________________
What are at least four things a defense attorney would discuss with the probation officer for the
presentence report?
8.__________________________________________________________________
9.__________________________________________________________________
10._________________________________________________________________
11._________________________________________________________________
How should the defendant be prepared to answer the probation officer’s questions?
12._________________________________________________________________
What should the defendant show for his or her actions?
13._________________________________________________________________
What does the defendant usually not have access to in the presentence report?
14._________________________________________________________________
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Name at least two things that the defendant’s attorney can do during the presentence report to
help the defendant’s case.
15._________________________________________________________________
16._________________________________________________________________
At the sentencing hearing, who can the defendant have testify to his or her good character and
rehabilitative efforts?
17._________________________________________________________________
What does the defendant have a right to when speaking on his or her own behalf before the
judge?
18._________________________________________________________________
Who can speak on the defendant’s behalf before the judge?
19._________________________________________________________________
Who can work with the defendant to prepare him or her for what to say before the judge?
20._________________________________________________________________
What has to be within the range the law has specified for the category of crime?
21._________________________________________________________________
What may defendants get credit for if they were incarcerated before their trial?
22._________________________________________________________________
What may take effect right away or at a future time determined by the court?
23._________________________________________________________________
What is an alternative punishment to incarceration that the defendant might be eligible for where
the defendant remains free while meeting certain requirements determined by the judge?
24._________________________________________________________________
List at least three things the judge considers when assigning the defendant probation.
25._________________________________________________________________
26._________________________________________________________________
27._________________________________________________________________
Who is the defendant responsible for reporting to while on probation?
28._________________________________________________________________
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What is the result if the defendant violates the terms of probation?
29._________________________________________________________________
When defendants violate their probation, what may they have in which the defense and
prosecution will show evidence as to why or why not the defendants should receive the
punishment determined by the judge? They are entitled to this by written notification, and when
the burden of proof is less and strict rules for evidence do not have to be followed.
30._________________________________________________________________
What may defendants be able to take that covers both the new offense they have committed and
the probation violation?
31._________________________________________________________________
What can defendants file if they do not agree with the conviction or sentence of their charge?
32._________________________________________________________________
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Sentencing and Punishment Quiz Key
1. The judge or
2. The jury
3. Right away or
4. After the presentence report
5. Presentence report
6. The defendant’s plea of mercy statement
7. Positive things
8. The defendant’s version of the criminal act
9. The defendant’s reason for the crime
10. The defendant’s prior criminal record
11. The defendant’s personal and family history
Alternative Answers:
The defendant’s education and employment history
The defendant’s health, and potential alcohol and drug abuse
The defendant’s financial status
The defendant’s military record
12. In the most favorable light possible
13. Remorse
14. The recommendations made in the report
15. Research alternate sentences to suggest to the probation officer
16. Assist the defendant with finding a job or enrolling in a drug rehab program to improve his or
her profile
Alternative Answers:
Meet with the probation officer to present helpful information
Prepare a written statement explaining why the defendant should receive a light sentence
17. Witnesses
18. Allocution
19. No one
20. The defendant’s attorney
21. The punishment
22. Time served
23. The sentence
24. Probation
25. The defendant’s criminal record
26. The seriousness and violence of the crime
27. Whether the defendant is a danger to society
Alternative Answers:
Whether the defendant is willing to make restitution to the victim
What culpability the victim had in the crime
28. Probation Officer
29. Incarceration
30. Probation Revocation Hearing
31. Plea deal
32. Appeal
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Research Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs
Some
Improvement
1 pt. Needs
Much
Improvement
N/A
Pts.
Question/goal:
Identified and communicated a question
or goal of the research.
Research/Gathering information (if
relevant):
Student used a variety of methods and
sources to gather information. Student
took notes as they gathered information.
Conclusion/Summary:
Draws insightful conclusions and
observations from information gathered.
Information is organized in a logical
manner.
Communication:
Communicates the information gathered
and summary/conclusions persuasively.
Demonstrates skill in use of media used
to communicate the results of research.
Reflection:
Reflects on the importance of the
research and potential application.
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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