Criminal Justice Process:
Sentencing &
Corrections
Chapter 15
Street Law Text
pp. 173-186
Sentencing Options
• Suspended Sentence- Criminal does not have to serve the sentence
unless they violate some condition, or commit another crime
• Probation- Sentence involving supervision by officer of the court, may
have other conditions [treatment, check ins, no-internet, etc]
• Home Confinement- Sentence to be carried out not in jail but in own
home [many times electronic monitoring] must check in before they
leave home for essential reasons [dr., school, work]
• Fine- Payment to court for violation of law
• Restitution- making up for loss or injury of victim [payment]
• Work Release- Allowed to work, but must return to jail at night or
weekends
• Imprisoned- Incarceration- must serve sentence in jail or prison
• Death Penalty- Capital Punishment, execution [most states today that
have the death penalty use lethal injection]
• Presentence Report- Prepared by probation, recommends sentence and
details personal, work, and community history [may not be accepted by
the judge]
Purposes of Punishment
• What are the four goals of punishment in most
Judicial systems?
– Retribution- Revenge for a crime “eye for an eye”
– Deterrence- Discourage the offender and others from
committing crimes through punishments
– Rehabilitation- Help convicts change their behavior so
they can be a positive contributor to society
– Incapacitation- Physically separated from society, to
protect society and/or the convict
Parole
• Parole- Release from incarceration prior to completion of
sentence with conditions
• Parole is not a right, and most states have limits on who is
eligible for parole.
• After a minimum amount of a sentence being served a person
may be eligible for parole, or if they are a model prisoner then
they may become eligible
• Almost all states have parole boards
that the person must appear before
and actually be granted parole
• Some people that are eligible for parole
never receive parole, because of various
reasons and a no vote by the board
Capital Punishment
• Capital Punishment- the death penalty..
The ultimate of sentences for crimes
• The first ever recorded execution in the
colonies was in 1630, since that time
there has been capital punishment in
some form in the United States, except
for 10 years [1968-1978] when the
Supreme Court was deciding if the death
penalty was a violation of the 8th
Amendment, and in 2007 again when the
court reviewed the 8th Amendment
• Stats as of 2008:
– 3200 on death row in 37 States and Federal
Prisons
– 98% Men [56% White, 42% Black, 11 % Hispanic]
• Aggravating Circumstances- Factors that
make a crime more severe
• Mitigating Circumstances- Factors that
make a crime less severe
Corrections
• When a person is convicted and sentenced to
incarceration of some type, they enter the
corrections system in one of the following:
• Community Corrections [police holding cells]
• Halfway Houses [temporary private holding cells]
• Jails [City or County, usually for those sentenced to less than
a year]
• Prison [State or Federal, usually reserved for felonies]
• Life Behind Bars
• An inmates life behind bars is controlled by rules, there are
very few privileges and even fewer rights. Everything an
inmate does is monitored at some level, there is almost no
such thing as privacy.
Corrections cont.
• Prison Policy
• Over the last twenty years the number of criminals being
incarcerated has increased dramatically
– Largely due to the fact of the get tough laws requiring long
sentences [3 strikes laws]
– Also due to the higher prosecution, and tougher sentencing for drug
charges
• This increase prisoner population has forced states and the
federal government to build more prisons, hire more staff,
and pay for the incarceration of more criminals
– Today the average cost of a years worth of expenses for a person in
jail or prison is around $30,000
• This overpopulation is controversial, most people are glad
that criminals are off the street, but few like paying more
taxes to accomplish this
– A few people also argue that money spent to inprison people could
be better spent on prevention of crime, and treatment of criminals
outside prisons
Corrections cont.
• Reentering Society
– With the cost of incarcerating more people, funds have
been cut to after care programs to help ensure former
prisoners do not return to prison
• Every year 650,000 adults and 100,000 juveniles leave
prison/jail/treatment
• Within 3 years nearly half ½ will be back in jail
– Reentry- program designed to reduce serious crimes
committed by FORMER offenders
• Phase One- begins in jail and focuses on providing education,
mental health services, substance abuse treatment, gob training,
and mentoring
• Phase Two- focus on transition back into the community; where
to live, how to get a job, and how to reestablish ties with
community
• Phase Three- helps link released prisoners with social services and
community based organizations that provide long term support