Sentencing Guidelines
Course
Principles of
LPSCS
Unit III
Court Roles,
Processes
and
Procedures
Essential
Question
What are
the
sentencing
and
alternative
sentencing
guidelines in
Texas?
TEKS
§130.292(c)
(9)(E)
Prior
Student
Learning
Identify the
role and
function of
the court
system
Estimated
Time
2 hours
Rationale
Sentencing is a very important phase of the court process. Judges and juries
must follow the guidelines set forth by law and precedent to ensure that due
process is served on those convicted of crimes.
Objectives
The student will be able to:
 Identify types of sentencing and sentencing rules
 Research types of alternative sentencing
Engage
Do an Internet search for the following: Judge Refuses to Reduce Benson in
Fatal Crash. Read and discuss the article to determine if the sentence given
was adequate for the crime committed. Conduct a class discussion on the
sentence that should be given, if it differs from the one assessed. Based on
Texas’ sentencing guidelines, what sentence would he face? Review the
statutes at
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.08. Use the
Discussion Rubric for assessment.
Key Points
 Types of Sentencing
o Concurrent: runs the same duration as another sentence
o Consecutive: sentences run one after another
o Deferred: the sentence is postponed until a later date
o Determinate: the sentence lasts a specific amount of time
o Indeterminate: a period of time to serve “not less than” and “not
to exceed” a range of punishment
o Life: the convicted person spends the remainder of his or her
natural life in prison
o Mandatory: the sentence is imposed from a statute that gives
no room for discretion. A judge may not suspend or give
probation
o Maximum: the longest amount of time that can be given for an
offense
o Straight or flat: a fixed sentence without a maximum or a
minimum
o Suspended: withholding or postponing the pronouncement of a
sentence or its execution

Sentencing Rules in Texas
o Misdemeanors
 Class C: Fine not to exceed $500
 Class B: Fine not to exceed $2,000 and up to 180 days
in jail, or both
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
Class A: Fine not to exceed $4,000 and up to 1 year in
jail, or both
o Felony
 State Jail felony (SJF): not less than 180 days or more
than 2 years, and a $10,000 fine
 3rd Degree felony: not less than 2 years or more than 10
years, and a $10,000 fine
 2nd Degree felony: not less than 2 years or more than 20
years, and a $10,000 fine
 1st Degree felony: not less than 5 years and up to 99
years, and a $10,000 fine
 Capital: life without parole, or death

Alternative Sentencing
o Shock probation: a short amount of incarceration in addition to a
period of probation
o Work release: offenders report to jail during non-work hours
o Weekend sentencing: offenders report to jail only for a weekend
or another designated time
o House arrest: offender is monitored by electronic means and
may not leave the house except for certain reasons
o Community service: required work for a government or nonprofit
agency without pay
o Probation: serves sentence in the community; offenders must
abide by special guidelines
o Boot camps: highly regimented program styled after the military
to instill discipline and hold youths accountable
o Fines: monetary amounts paid to the court in lieu of
confinement
o Restitution: money paid to the victim for damages and suffering
o “Scarlet Letter” punishments: punishment by shaming (example:
a judge requires a child molester to put a sign in his front yard
stating that he is a sex offender)
o Asset forfeiture: seizure of personal assets, used in or obtained
from illegal activity, by the government
o Incarceration: a period of confinement to either jail or prison
o Diversion: charges are dropped after the person completes a
condition such as a treatment program
Activities
 Group Discussion. Have the students review news stories and videos
about the alternate sentencing programs. To find some sample news
stories and videos (prior to class) do an Internet search for the
following:
 Concurrent or Consecutive Sentence (LawWebTV)
 Taylor Thompson gets shock probation
 Man Escapes from Work Release Program, Arrested in Montgomery
 Lindsay Lohan Turns Herself in for House Arrest
 After dirty drug test, suspect gets probation
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



Then have the students discuss the pros and cons of each alternative.
Here are some sample questions:
What problems arise from the work release program and weekend
sentencing?
What are the benefits of these programs to the community or to the
offender?
Which of the programs do the students feel would be most beneficial?
Use the Discussion Rubric to assess student understanding.
Research Alternative Sentencing Options. Have the students research
some forms of alternative sentencing. Students should research the
effectiveness of each of the programs and look for news articles of
cases where judges have imposed these and other forms of alternative
sentencing. Use the Sentencing Guidelines Research Rubric for
assessment.
Another option for this activity is to assign each student an imaginary
offender. Based on the profile of the offender, have the student create
probation guidelines that fit the assigned offender. You may also
choose to have the students create a form of alternative sentencing for
their offender. They must be able to justify why they chose that
particular method of sentencing.
Assessments
Sentencing Guidelines Exam and Key
Sentencing Guidelines Research Rubric
Discussion Rubric
Research Rubric
Materials
Sentencing Guidelines computer-based presentation
Sentencing Guidelines Key Terms handout
Computers with Internet access
Resources
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.08
Do an Internet search for the following:
 Judge refuses to reduce benson in fatal crash
 Findlaw sentencing
 Legalmatch types alternative sentencing
 Cliffnotes types of sentences
 Concurrent or Consecutive Sentence (LawWebTV)
 Taylor Thompson gets shock probation
 Man Escapes from Work Release Program, Arrested in Montgomery
 Lindsay Lohan Turns Herself in for House Arrest
 After dirty drug test, suspect gets probation
Accommodations fo
Accommodations for Learning Differences
For reinforcement, the class will participate in a mock justice system. Allow
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the class to set some simple rules such as wearing ID, dress code, bringing
supplies, etc. Students that violate these rules shall be issued a “ticket” for
the violation (you will need to select two students to serve as police officers).
Have the students elect a judge and prosecutors. Allow the other students to
serve as defense attorneys. Create a mock trial situation, trying each violation
as a separate offense. Select 6 – 12 students to serve on the jury. Once both
sides have presented their cases, allow the jury to deliberate and determine
what sentence should be given. You may allow them to pre-set punishment
ranges or allow them to be creative, as long as they are reasonable with the
punishments. After the trials discuss the punishments given and determine
whether or not the sentences were effective. Use the Discussion Rubric for
assessment.
For enrichment, have students research sentencing guidelines in other states
then compare and contrast the differences between the guidelines from other
states and those from Texas. Use the Research Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.292. Principles of Law, Public Safety, Corrections, and Security (OneHalf to One Credit).
(9)
The student identifies the roles and functions of court systems.
The student is expected to:
(E) identify types of sentencing and sentencing rules
College and Career Readiness Standards
English/Language Arts
V. Research
A. Formulate topic and questions.
2. Explore a research topic.
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Sentencing Guidelines Key Terms
Types of Sentencing
1. Concurrent – runs the same duration as another sentence
2. Consecutive – sentences run one after another
3. Deferred – sentence is postponed until a later date
4. Determinate – a specific amount of time is given for an offender to serve
5. Indeterminate – a period of time to serve “not less than” and “not to exceed” a range of
punishment
6. Life – the convict spends the remainder of his or her natural life in prison
7. Mandatory – a sentence is imposed from a statute that gives no room for discretion. A judge may
not suspend it or give probation
8. Maximum – the longest amount of time that can be given for an offense
9. Straight or flat – a fixed sentence without a maximum or minimum
10. Suspended – withholding or postponing of the pronouncement or execution of a sentence
Sentencing Rules of Texas
1. Misdemeanors
 Class C – fine not to exceed $500
 Class B – fine not to exceed $2,000 and up to 180 days in jail, or both
 Class A – fine not to exceed $4,000 and up to 1 year in jail, or both
2. Felonies
 State Jail felony – not less than 180 days or more than 2 years, and a $10,000 fine
 3rd Degree felony – not less than 2 years or more than 10 years, and a $10,000 fine
 2nd Degree felony – not less than 2 years or more than 20 years, and a $10,000 fine
 1st Degree felony – not less than 5 years, up to 99 years, and a $10,000 fine
 Capital – life without parole, or death
Alternative Sentencing
1. Shock probation – a short amount of incarceration in addition to a period of probation
2. Work release – offenders report to jail during non-work hours
3. Weekend sentencing – offenders report to jail only for a weekend or other designated time
4. House arrest – the offender is monitored by electronic means and may not leave his or her house
except for certain reasons
5. Community service – required work for a government or nonprofit agency without pay
6. Probation – offenders serve sentences in the community; offenders must abide by the special
guidelines
7. Boot camps – highly regimented programs styled after the military to instill discipline and hold
youths accountable
8. Fines – monetary amounts paid to the court in lieu of confinement
9. Restitution – money paid to the victim for damages and suffering
10. “Scarlet letter” punishments – punishment by shaming (example: a judge requires a child molester
to put a sign in his front yard stating that he is a sex offender).
11. Asset forfeiture – seizure of personal assets, used in or obtained from illegal activity, by
government
12. Incarceration – a period of confinement to either jail or prison
13. Diversion – the charges are dropped after the person completes a condition such as a treatment
program
5
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Name:
Date:
_____
____
Sentencing Guidelines Exam
Match the correct Sentencing Rule with the correct punishment.
1) _____ Class B
2) _____ 1st degree felony
a. $2000 and/or up to 180 days in
jail
3) _____ Class A
b. 180 days up to 2 years and
$10,000
4) _____ 3rd degree felony
c. $500 fine only
5) _____ Capital Felony
d. Life without parole or death
6) _____ Class C
e. 2-10 years and $10,000
7) _____ 2nd degree felony
f. $4000 and/or up to 1 year in jail
8) _____ State Jail Felony
g. 5-99 years and $10,000
h. 2-20 years and $10,000
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Match the correct Types of Sentencing with the correct definition.
9) _____ Determinate
10) _____ Concurrent
a. Sentence is postponed until another
date
12) _____ Consecutive
b. Withholding or postponing of
pronouncing a sentence or executing a
sentence
13) _____ Mandatory
c. A fixed sentence without a maximum or
minimum
11) _____ Indeterminate
14) _____ Maximum
15) _____ Suspended
d. Specific amount of time given for an
offender to serve
16) _____ Life
e. Convicted person spends the rest of his
or her natural life in prison
17) _____ Deferred
18) _____ Straight/Flat
f. Period of time to serve "not less than"
and "not to exceed"...punishment range
g. Sentences run one after another
h. Sentence imposed from statute that
gives no room for discretion
i. Runs the same duration as another
sentence
j. The longest amount of time that can be
given for an offense
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Match the correct type of Alternative Sentencing with the correct definition.
19) _____ "Scarlet Letter" punishments
20) _____ Incarceration
21) _____ Weekend sentencing
22) _____ Shock probation
23) _____ Work release
24) _____ Fines
a. Seizure of personal assets, used in or
obtained from illegal activity, by the
government
b. Highly regimented program styled
after the military to instill discipline
and hold youths accountable
c. A period of probation along with a
period of incarceration
25) _____ Asset forfeiture
d. Offenders report to jail during nonwork hours
26) _____ Probation
e. Monetary amount paid to the court in
lieu of confinement
27) _____ Diversion
28) _____ Community Service
29) _____ Restitution
30) _____ House arrest
31) _____ Boot Camps
f. Offender is monitored by electronic
means and may not leave their house
except for certain reasons
g. Charges are dropped after the person
completes a condition such as a
treatment program
h. Money paid to victim for damages
and suffering
i. Punishment through shaming, such as
child molesters having to place signs
in their yards stating such.
j. Period of confinement to either jail or
prison
k. Serves sentence in the community;
offenders must abide by special
guidelines
l. Required work for the government or a
non-profit agency without pay
m. Offenders report to jail only during
weekends or other designated times
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Sentencing Guidelines Exam Key
1. A
2. G
3. F
4. E
5. D
6. C
7. H
8. B
9. D
10. I
11. F
12. G
13. H
14. J
15. B
16. E
17. A
18. C
19. I
20. J
21. M
22. C
23. D
24. E
25. A
26. K
27. G
28. L
29. H
30. F
31. B
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Name_______________________________________
Date_______________________________
Sentencing Guidelines Research Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Program Effectiveness:
Program selected has an effective rate
of completion. Most offenders do not
tend to reoffend.
Creativity:
Student was creative in selecting the
appropriate sentence for his or her
offender.
Appropriate sentencing:
Sentence was suited for the offense
and was very appropriate for the
offender.
Total Points (12 pts.)
Comments:
10
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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:
11
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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
Student 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 while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
12
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