1. Courts and Criminal Justice in America CHAPTER Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Sentencing, Appeals, and Habeas Corpus 14

2. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Introduction Deciding upon the proper sentence reflects the goals of punishment If a person is convicted, he or she may argue that an error was made at trial and file for appeal If an appeal is filed and fails, the U.S. Constitution provides the right to habeas corpus

3. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing A presentence report provides the judge information that can be relevant in deciding on the appropriate sentence

4. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Required components of a presentence report  Evaluation of and prognosis for the defendant’s adjustment in the community based on factual information contained in the report  Any written impact statement submitted by a victim (if requested by a victim)

5. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Specific written recommendation for disposition based on the evaluation and other information as prescribed by the court  Statement prepared by the prosecuting attorney as to whether any consecutive sentencing is required by law  Statement that the defendant is licensed or registered if he or she is to be sentenced for a misdemeanor involving the illegal delivery, possession, or use of alcohol or a controlled substance

6. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Diagnostic opinions that are available and not exempt from disclosure by state law  Objective description of the offense  Defendant’s version of the offense  Full description of the defendant’s prior criminal record  Status of all criminal charges pending against the defendant  Personal profile of the defendant

7. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Optional components of a presentence report  Defendant’s juvenile record if the record has not been expunged  Conclusions or opinions of the probation officer  Defendant’s pending charges and prior arrests without convictions (if any)

8. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing SENTENCING RECOMMENDATION  The presentence report must contain a specific sentence recommendation. A simple recommendation that the defendant be incarcerated or that the defendant not be placed on probation is sufficient.

9. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Goals of Sentencing  There are five main goals of sentencing that have been identified:  Rehabilitation Consists of a planned intervention intended to change behavior Examples include probation, drug treatment, and anger management

10. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Retribution Designed to punish criminals solely for what they did based on the severity of their crimes “Just deserts” for what has been done  Incapacitation Amounts to removing criminals from society, usually through incarceration, so they cannot repeat their criminal activity The focus is on protecting potential victims

11. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  General Deterrence Designed to discourage would be criminals from committing crime A mandatory sentencing policy could send a strong message that “crime does not pay”  Specific Deterrence Aimed at reducing the chances of recidivism If a person is punished harshly, he or she is unlikely to repeat criminal acts

12. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Types of Sentences  Monetary Penalties Fines are the most common punishment used by the criminal justice system today Primarily used in cases involving minor offenses

13. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing One problem associated with fines is that they are often defined by law, regardless of the defendant’s financial position Many fines go uncollected Day fines are now being used in some jurisdictions

14. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Probation One of the most frequent sentences handed down by judges

15. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Two general types of conditions that are imposed on probationers Reform conditions are intended to facilitate the offender’s rehabilitation Control conditions ensure adequate monitoring and supervision of the probationer or parolee

16. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Intermediate Sanctions Tougher than probation, but less harsh than a prison sentence Examples are shock probation, boot camps, electronic monitoring and home confinement An unfortunate side-effect is known as the net widening problem

17. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Shaming Public exposure penalties Debasement penalties Apology penalties

18. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Forfeiture Ownership of property is relinquished Most often property that was derived from or used to facilitate a crime Two types of forfeiture Criminal forfeiture follows criminal conviction Civil forfeiture does not require a criminal proceeding

19. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  Prison Sentences The defendant is forced to spend time in a secure facility such as a jail or prison Four types of prison sentences: Indeterminate sentencing Determinate sentencing Mandatory sentencing Sentencing guidelines

20. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing  The Death Penalty 1972 Furman v. Georgia determined the death penalty was cruel and unusual punishment 1976 Gregg v. Georgia the death penalty was reinstated

21. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Whether the death penalty should be imposed is now frequently in the hands of a jury Aggravating circumstances Mitigating circumstances

22. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Determining the Appropriate Sentence  There are a number of factors that influence the final sentencing decision e.g. crime seriousness and prior record  Concurrent sentence  Consecutive sentence  The going rate for a criminal offense  Victim impact statements

23. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Sentencing Constitutional Rights During Sentencing  The double jeopardy provisions of the Fifth Amendment applies Solem v. Helm Not clear what “reasonable” really means  Other rights include: Participating in the sentencing process Having counsel present at sentencing United States v. Tucker

24. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Appeals Types of Appeals  Every state and the federal government have rules providing a certain number of appeals to convicted criminals At each of these levels convicted criminals are usually granted at least one appeal of right as well as at least one discretionary appeal Appeals of right are limited, but discretionary appeals can be filed several times

25. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Appeals Consequences of Appeals  In a typical appeal, the defendant seeks to correct a decision by a lower court An appellate court can affirm or reverse the lower court’s decision  There can be a trial de novo in which a defendant requests a new, independent trial at the appellate level Miranda v. Arizona

26. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Appeals  Access to Trial Transcripts In Griffin v. Illinois the Court struck down a procedure that required the defendant to produce transcripts of the trial  Right to Counsel The Court has required counsel be provided to defendants on appeal Douglas v. California Counsel is not constitutionally guaranteed in discretionary appeals

27. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Appeals  Government Retaliation North Carolina v. Pierce Blackledge v. Perry Colten v. Kentucky

28. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Appeals  Timing of Appeals An appeal can be filed prior to the reading of the verdict or following adjudication Prior to adjudication is known as interlocutory appeal After adjudication is known as the final judgment rule

29. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Appeals  Prosecutorial Appeals Appeals by prosecution are possible in certain situations, but only as authorized by state or federal law  Harmless Error These are mistakes at the trial level that have little practical consequence in terms of deciding whether the defendant is guilty or “innocent” Two types of errors are constitutional and non-constitutional

30. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Habeas Corpus Habeas Corpus is a form of collateral attack that allows one to challenge the constitutionality of one’s confinement  Occurs once appeals have been exhausted, and once the individual is incarcerated  Most habeas corpus petitions are filed with federal district courts

31. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Habeas Corpus Is Habeas Corpus Important?  On several occasions the Supreme Court has emphasized the importance of the writ Stated that the writ is necessary to provide “adequate protection of constitutional rights” Writs should not be liberally issued for claims arising from state courts

32. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Habeas Corpus Limitations on Habeas Corpus  The types of claims which can succeed  Failure to submit a claim within the timeframe specified by state law  All state remedies must be exhausted before federal habeas review is granted  Restrictions apply in situations where prisoners file multiple habeas petitions

33. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Habeas Corpus  Ineligible Petitions Examples are that habeas review will only be granted if it raises a federal constitutional question and claims involving harmless errors will not be granted review  Importance of Timing

34. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Habeas Corpus Must generally be filed within a certain specified time period The “actual innocence” standard Schlup v. Delo

35. Copyright © 2015 by Pearson Education, Inc. All Rights Reserved Courts and Criminal Justice in America, 2nd Edition Siegel | Schmalleger | Worrall Habeas Corpus  State Remedies Must Be Exhausted Imposing such restrictions ensures that the states can correct federal constitutional violations  Multiple Petitions The petitioner must show that he or she was not given a “full or fair” hearing on the petitioner the first time around Successive petitions making different claims each time are seriously restricted