Punishment & Sentencing
Chapter 10 in Your Textbook
John Massey
Criminal Justice
Philosophies for Punishment
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Four basic philosophies
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Incapicitation
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Prevent future crimes
Setting an example (cost/benefit analysis)
General and Specific Deterrence
Rehabilitation
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Offenders can no longer pose a threat to society
Take away criminal ability
Remove from community = reduce criminal opportunity
Deterrence
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1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution
Do not just punish
Treat and cure (drug treatment, etc.)
Retribution
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Eye for an eye
Punishment should be proportional to crime committed
Forms of Sentencing
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Intedeterminate, Determinate, Truth-In-Sentencing
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Interdeterminate sentencing
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Determinate sentencing
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Fixed sentencing
Offender serves an exact amount (usually cannot be reduced)
Truth-in-sentencing
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Judge determines minimum and maximum terms for imprisonment
When minimum is reached – person is eligible for parole
Requires those convicted of certain crimes to serve at least 85 % of sentence
Part of “get-tough” movement
Good time
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Reduction in time served by prisoners based on their good behavior
Not used as often as it was in the past
Forms of Punishment
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Different ways to punish our criminals
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Capital Punishment
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Imprisonment
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Very common
Jails and prisons
Overcrowding and budget problems
Probation
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The death penalty (38 states and the federal govt.)
1st degree murder, murder of a police officer
Electric chair, lethal injection, firing squad
A Community Sanction
Eases overcrowding
Electronic monitoring, house arrests, boot camps, etc.
Fines
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Yet to catch on in the U.S.
Some minor crimes and drug cases
Part of salary or income in other countries
Forms of Punishment
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Restitution and Community Service
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Restorative Justice
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Reparations to injured party
Pay victims of a crime for “damages”
Cleaning up litter on roads, painting, landscaping, etc.
Apologize, show remorse, admit your faults
Shame Punishment
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Newest form
Shoplifters, sex offenders
Sentencing Decisions
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Seriousness of offense
Criminal history
Employment
Victims
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Sentencing Disparity
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Sentencing Guidelines
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Crack v. cocaine possession (5. g v. 500 g.)
Require judges to give determined sentences based on variety of factors
Seriousness of crime
Criminal record
Mandatory Sentencing/Habitual Offender Laws
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Specific crimes
Long sentences
Ex: three strikes
More on the Death Penalty
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Legal until 1972
Furman v. Georgia (5-4 vote)
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Gregg v. Georgia (1976)
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Think prohibition of alcohol
Few executions from 1976-1985
Increase since 1985
Slowed up in last few years
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Violated 8th amendment
Cruel and unusual punishment
Technology, DNA, Forensics
Texas #1, Virginia #2
The Death Penalty Debate
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Death v. life in prison without the possibility of parole (the question)