Chapter 15
Sentencing Options
Questions
Why do we sentence?
Should the punishment fit the crime?
or,
Should the punishment fit the criminal?
Philosophies of Punishment
Retribution
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Incapacitation
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Deterrence
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Rehabilitation
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Restorative Justice
Questions:
Should we direct punishment toward the
future deterrence of crime?
Or,
Should we direct punishment toward the
past behavior of criminals to compensate
for the severity of the crime and
the suffering of the victim?
Retribution
“Lex Talionus”
An eye for an eye, a tooth for a tooth.
Revenge
Just Desserts
The severity of the punishment should be proportionate to
the gravity of the defendant’s conduct.
Retribution emphasizes the individual’s past behavior
with no concern for future criminality and,
it is contrary to the goal of crime reduction.
In other words, the goal is to punish past crimes.
Incapacitation
Physical Restraint
Incapacitation focuses on personal characteristics of the
offender – the type of person committing the crime is more
important than the crime. The goal is to prevent future
crimes not punish past ones.
Selective Incapacitation
The policy of creating enhanced prison sentences for the
relatively small group of dangerous chronic offenders.
Focuses on the offender and future crime.
Deterrence
Deterrence rests on the assumption
of rational, calculating behavior.
General Deterrence seeks to prevent the general
populace from committing future crimes. It is not
content to punish the individual offender.
Specific Deterrence seeks to prevent the
individual offender from committing future crimes
– not change them, just deter them.
Focuses on the offender.
Rehabilitation
Treatment
Rehabilitation assumes that criminal
behavior is a result of social or
psychological disorders and that treatment
is the primary goal. Offenders are not
necessarily punished but treated for their
own good and the good of society.
Focuses on the offender.
Restorative Justice
Social Harmony
The potential for restoring social relations damaged by crime
is to be found not in the state (legalistic view), but in social
groups, i.e., families and communities.
Therefore,
Restorative Justice addresses crime as a conflict
between
the victim – offender – community.
The primary goal is to repair and reconcile injuries;
punishment is secondary.
Social integration of the offender is paramount.
Questions:
What are some problems with each of the
philosophies of punishment?
Who has the initial responsibility for
creating sentencing options?
What are two sentencing options for
imprisonment?
Of the three branches of government,
what role does the judiciary and executive
branch play in sentencing?
Judicial Sentencing Responsibility
Only judges have the authority to choose
among the sentencing options
provided by the legislature.
Executive Sentencing
Responsibility
Length of sentences are determined partly
by officials of the executive branch:
governors, parole boards, and departments of
corrections.
The three most common types of ‘early’ release are:



Parole is the conditional release of an inmate from incarceration, under
supervision, after a portion of their time has been served.
Good time incorporates days off inmates’ minimum or maximum terms as
a reward for good behavior or for participation in various vocational,
educational, and treatment programs.
Executive clemency or Pardons are authorized by the president of the U.S.
and state governors. This includes reducing the sentence, making the
prisoner eligible for parole, or, a full pardon.
Prisons and Imprisonment
Questions:
What is a reason for the high rate of imprisonment
(incarceration) in the Unites States?
How do our skyrocketing prison populations compare to crime
rates during the last decade?
Do you think the “get tough on crime” policy advocated by
legislators is a means in which to increase
the prison construction business?
What is the approximate cost
to “house” a prisoner for one year?
Probation
Punishment for a crime that allows the offender to
remain in the community without incarceration
(but under supervision) and subject to certain
conditions.
Conditions of probation are prescribed by the
sentencing judge, i.e., maintaining a job,
reporting in, and supporting a family. The judge
can revoke probation and send the offender to
prison if the conditions of probation are violated.
Probation is the most common sanction used in
the United States (approximately 4 million adults).
Intermediate Sanctions
Alternative sentences that lie somewhere
between prison and probation which can
include community based penalties
such as:
fines, community service, restitution, intensive
probation, electronic monitoring, house
arrest, shock incarceration, boot camp,
and treatment.
Questions:
Fines are one of the oldest and most widely
used forms of punishment – do you think
‘day fines’ or ‘structured fines’ would be
appropriate punishment for ‘jail’ offenses?
What is restitution?
What is the difference between ‘direct’
restitution and ‘symbolic’ restitution?
Death Penalty
Capital Punishment – Capital Offense
(8th Amendment – ‘Cruel and Unusual Punishment’)
Furman v. Georgia (1972)
(Invalidated Death Penalty)
Gregg v. Georgia (1976)
(Death Penalty is valid with Guided Discretion)
Coker v. Georgia (1977)
(Rape is not grave enough for the Death Penalty)
All jurisdictions but Arkansas allow automatic review
after a sentence of death is imposed.
Discussion Questions:
Which issue might offer the best argument for abolishing the
death penalty –
morality, deterrence, or fairness?
What are the age limits in which the Supreme Court allows or
disallows the death penalty?
What mental conditions disallow the death penalty?
How are jurors affected during peremptory challenges
in death penalty cases?