Chapter 15
CRIMINAL JUSTICE PROCESS:
SENTENCING & CORRECTIONS
Sentencing Options
 Can be one or combination of the
following depending in the state
 Suspended sentence – sentence is given
but does not have to serve at time
imposed
Sentencing Options
 Probation – defendant is released to the
supervision of a probation officer.
 Defendant agrees to certain conditions –
getting a job, where to live, staying
drug-free, & report in
Sentencing Options
 Home confinement – defendant is
sentenced to serve the term at home
 Can only leave home for work, school, or
doctor’s appointment
 May have to wear an electronic tether
Sentencing Options
 Fine – defendant has to pay a monetary
amount to the government
Sentencing Options
 Restitution – defendant must pay back
whatever loss or injury to the victim
Sentencing Options
 Work release – defendant is allowed to
work in the community
 Has to return to prison at night &
weekends
Sentencing Options
 Imprisonment – sentenced to a term in jail
or prison
 Some states have a definite sentence ( 5
years)
Sentencing Options
 Some states have a min/max sentence
(min 7 years – no more than 10 years)
 Misdemeanor cases – short term in jail
(some defendants on the weekends)
Sentencing Options
 Death – defendant is sentenced to die for
his/her crimes
 Some states have fixed sentencing
statutes
Sentencing Options
 Some states the judge can adjust the
sentence to fit the crime
 Judge must balance personal theory of
corrections with the best interest of
society & individual
Sentencing Options
 Presentence report – prepared by the
probation department
 Contains:
 Description of the crime
 Circumstances surrounding crime
 Defendant’s criminal record
 Defendant’s medical, social, &
educational background
Sentencing Options
 Judge listens to recommendations from
the prosecutor & defense attorney
 Judge then imposes the sentence
Sentencing Options
 Many believe to much discretion given to
judges in determining sentencing
 Two people convicted of the same crime
have different sentences
Sentencing Options
 1988 Congress passed sentencing
guidelines
 Guidelines include mandatory sentencing
without parole
Sentencing Options
 Mandatory sentencing for repeat
offenders
 Some cases have harsh sentencing for
minor crimes
 Critics say that the “guidelines” remove
the judge’s discretion
Sentencing Options
 Judge can look at the outside factors:
 Poverty
 Lack of education
 Abuse
 Drug addiction
 Other factors that contribute to criminal
behavior
Sentencing Options
 Supreme Court has upheld the federal
sentencing guidelines
 Eight Amendment – protects against cruel
& unusual punishment
 Many judges are reluctant to overturn
sentencing decisions
Purposes of Punishment
 Purposes of punishment:
 Retribution
 Deterrence
 Rehabilitation
 Incapacitation
Purposes of Punishment
 Retribution – “eye for an eye & tooth for a
tooth” society punishes the offender
 Form of revenge
Purposes of Punishment
 Deterrence – punishment discourages the
offender from committing another crime
 Serves as an example to deter others from
committing crimes
Purposes of Punishment
 Rehabilitation – change the behavior of
the inmate so he/she can lead a productive
& criminal free life upon release
Purposes of Punishment
 Based on the theory that criminals can
overcome the social, educational, &
psychological problems that put them in
prison
Purposes of Punishment
 Incapacitation – criminal is separated from
society & society is protected
Parole
 Parole – release of an inmate from prison
before his/her entire sentence is served
 Some states inmate only has to serve the
minimum sentence to be eligible
 Other states inmate becomes eligible for
parole after a percentage of the sentence
is served
Parole
 Federal system & some states don’t have
parole
 Gives credibility to deterrence when
serving entire sentence
 Critics say inmates should be evaluated
periodically & released if good behavior is
shown
Parole
 2001 6.6 million people were on parole
 3.1% of U.S. adult residents
Capital Punishment
 Capital punishment – sentence is the
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death penalty
Long history in the U.S.
1630 first settler hanged for murder
Death penalty usually for murder & rape
1935 – 199 inmates executed
Capital Punishment
 1967 only one inmate executed
 1972 Furman v. Georgia – death penalty
was unconstitutional
 Juries had too much discretion in
assigning sentences
 1977 Supreme Court death penalty was
unconstitutional for rape
http://www.newrepublic.com/sites/default/file
s/u179189/death_penalty_map_v2f.gif
Capital Punishment
 1978 Supreme Court new laws for death
penalty were constitutional
 2001 - 3,581 inmates on death row
 1,969 – Caucasian
 1,538 – African American
 358 – Hispanic
 51 - Women
Capital Punishment
 33 – Asian
 28 – Native American
 13 – “other race”
 2 in 3 had prior felony convictions
 1 in 13 had prior homicide convictions
 Average education attained was 11th
grade
Capital Punishment
 Average age at the time of arrest – 28
 13% were 19 or younger at time of arrest
 Youngest on death row – 19
 Oldest is 86
 2003 38 states have death penalty statutes
 37 states use lethal injection
 10 states use electrocution
Capital Punishment
 Five states use lethal gas
 Three states use hanging
 Three states use firing squads
 Most capital punishment laws call for a
two-part trial
1) Jury trial decides guilt or innocence
2) Jury decides if the convicted should
face death
Capital Punishment
 Judges and juries must consider:
 Aggravating circumstances – factors that
suggest a more severe punishment
 Mitigating circumstances – factors that
suggest a less severe punishment
 More than half the countries around the
world have abolished the death penalty
Capital Punishment
 Debate involves legal, political, & moral
issues
 Opponents – no one who values life can
approve of the death penalty
 Death penalty does not deter murder
 Death penalty is applied unfairly to minority
groups
Capital Punishment
 Violates the Eighth Amendment – “cruel &
unusual punishment”
 Life without parole would be a better
sentence
 Advocates of the death penalty:
 Killers get what they deserve
 Threat of death deters crime
Capital Punishment
 Studies are inconclusive
 Criminals fear death more than any other
punishment
 Executions:
 Protect society
 Saves money
 Death penalty is fairly applied
Capital Punishment
 Post-conviction relief measures –
 Those on death row get automatic
appeal if conclusive evidence of
innocence becomes available
Corrections
 Life behind bars –
 Mail & phones are screened
 Regimented life cycle
 Restricted access to radio, TV, & books
 Visitors are limited
 Subject to searches
 Constant surveillance
Corrections
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1960s – inmates had few rights
Supreme Court has grants limited rights
Freedom from cruel & unusual punishment
Right to religion
Right to due process
Right to medical treatment
Right to access law libraries & courts
Corrections
 1995-2001 23% increase in prison
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population
2002 1.4 million inmates in U.S. prisons
Jail population went up 34,235 inmates
U.S. prison population is 6 to 10 times
higher than other industrial nations
Reason why – “get-tough-on-crime”
policies
Corrections
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More defendants going to prison
Longer sentences
Mandatory sentences
Decrease use of parole
2000 - 27 new state prisons
4 new federal prisons
Increased capacity by 23,000
Renovated 58 other prisons – 14,000
Corrections
 1996 construction cost were $40,000 per bed
 Cost of maintaining a person in prison $20,000 to $50,000 per year
 Critics – spend the funds on prevention &
treatment programs
 Much of the increase prison population is due
to war on drugs
Corrections
Education
Prison
 Education costs per
 Incarceration costs per
student = $7,000
 Costs after 13 years of
schooling (kindergarten to
12th grade) = $7,000 x 13 =
$91,000
 Costs a little over 15% to
educate a child as opposed
to incarceration
inmate = $45,000
 Costs to house an inmate
in a Michigan prison for 13
years $45,000 x 13 =
$585,000
 Build schools or prisons?
Corrections
 Life behind bars is more dangerous
 Fights
 Riots
 Drug use
 Sexual assaults
 Federal government is sending prisoners
elsewhere
Corrections
 Privatization of prison system
 Save money on running prison system
 Critics warn:
 Violation of inmates’ rights
 Less concern about rehabilitation
 Longer sentences
Corrections
 630,000 inmates leave prison each year
 100,000 juveniles leave facilities
 More than half will be back in prison within
three years
 Reentry – program to reduce repeat
offenders & a safe integration into society
Corrections
 Phase one – educate inmates
 Provide education, mental health
services, substance abuse treatment, job
training, & mentoring
 Prepare the inmate for reentry into
society
Corrections
 Phase two – focus on reentry into society
 Where to live
 Find a job
 Reestablish ties with the community
 Phase three – link inmates with social
services & community-based
organizations
Corrections
 Majority of inmates will return to their
communities