Presentation on theme: "Sentencing Decision and Its Implications, Including Conditions to Impose."— Presentation transcript:
Sentencing Decision and Its Implications, Including Conditions to Impose
Learning Objectives Identify sentencing factors a judge may consider; Determine what information should be in a pre-sentence report or investigation; Interpret assessment tools; Examine the role of the victim at trial and at sentencing; Examine approaches to sentencing sex offenders;
Learning Objectives (cont.) Determine potential conditions of probation; Identify unique issues relative to female sex offenders; and Analyze continuum of sanctions for probation violations.
O VERVIEW Sentencing Factors Risk Assessment Tools Victims’ Rights Sentencing Factors Probation Case Studies
S ENTENCING F ACTORS
Sentencing Factors The Law –State prison mandatory? –Mandatory conditions of probation? The Crime –Extreme violence? –Weapons? –Multiple victims? –Impact on victim
Sentencing Factors (cont.) Defendant’s History –Prior record Prior sex crimes? Prior crimes of violence, weapons? –Family history and structure –Employment history –Physical health
Sentencing Factors (cont.) Defendant’s Treatment Needs –Psychological history, adjustment, and current status –Intellectual and cognitive functioning –Substance abuse history –Sexual attitudes –Response to prior treatment
Sentencing Factors (cont.) Defendant’s Risk of Re-offending –Actuarial assessment Static-99 RRASOR –Clinical –Psych/sexual evaluation –Motivation to change –Community support
Sentencing Factors (cont.) –Correctional and treatment resources Within institution Community-based Ability to pay Degree of supervision
P RE -S ENTENCE I NVESTIGATION R EPORTS
Pre-Sentence Investigation Reports What items or information need to be in a pre-sentence report or investigation? All of the foregoing factors
V ICTIMS ’ R IGHTS
Victims’ Rights Most states have a “Victims’ Rights” statute. Defining a “victim” may be problematic. (All victims are not created equal.) If the victim is a minor or is deceased, a member of a victim’s family or another person may exercise the rights of the victim.
Victims’ Rights (cont.) Many states permit the victim to be present during trial and sentencing even though she/he may be a witness against the defendant.
Victims’ Rights (cont.) Typically, the victim has the right to prepare and submit a victim impact statement. Also, a victim has the right to make a statement prior to sentencing, and state laws often require that “the court shall consider” a victim’s statement.
Victims’ Rights (cont.) Statement to the court or defendant? –Security concerns –Oral? Reading? Video? Allow questions by defendant? Defendant’s right to speak?
Probation What Conditions of Probation or Supervision for Sex Offenders are available?
Treatment Participate in and complete specialized sex offender treatment program Sign release of information Submit to all testing
Contact with Others No contact with minor male/females No contact without direct supervision Stay away from places where children congregate No association with sex offenders
Contact with Others (cont.) Stay 100 yards from victim, residence, school, work No contact with family of victim
Supervision Register as sex offender Carry registration certificate at all times/ present to law enforcement Search and seizure Polygraph examination
Residence Not within one mile of school, park, or recreation facility Not with another sex registrant Inform any person living with of status as sex offender No minors in residence
Employment No employment that requires entry into residence No employment that regularly has contact with minors Approval of all employment by probation officer
Travel/Activities Not to enter, travel past, or loiter near adult bookstores, massage parlors, topless bars or sex shops Maintain detailed travel log Wear GPS system Probation officer approves all recreation and leisure activities Probation officer approves route of travel to work or treatment and means of travel
Access to Sexual Material No possession of children’s/women’s clothing (for male offenders) No possession of pornographic material, whether involving adults or minors No possession of computer/internet access No use of 800 or 900 numbers
Substance Abuse May not possess or consume alcohol; may not frequent places where alcohol is chief item of sale May not possess or use narcotics or controlled substances without medical prescription Drug and alcohol testing
Miscellaneous No possession of cameras or video equipment Non-confidential AIDS testing No possession of identity concealing items
Available Sanctions Treatment Victim Contact Driving and Travel Daily Living Social/Sexual Behavior Internet Restrictions Work Restrictions Alcohol and drugs Disclosure Polygraph, Plethysmograph, other tests Other Technology Restrictions
Limits What can a judge do to limit the risk to the community when the judge places a sex offender on probation?
Responses to Limit Risk Limiting access to victims Electronic monitoring or curfews No contact orders Restrictions on movement Increased monitoring, contact, treatment Pre-revocation contracts Admissions to violations
Immediate Removal Assuming you place a defendant on probation, what conditions of probation would you impose which would require his/her immediate removal?
Situations Requiring Immediate Removal of Offender Possession of dangerous weapon Contact with children initiated by offender and not reported Substance abuse that is part of offense cycle Offender physically harms another person
C ASE S TUDIES
John A. Doe
John A. Doe Demographics 37-year-old male. Currently married (nearly 10 years), 2 children. Well-educated, obtained Master’s in Business Administration. Stable employment – works in software development. Stable home, stable finances.
John A. Doe Current Offense Indicted on two counts of Importuning (Internet solicitation) and Attempted Unlawful Sexual Conduct with a Minor. –Believed the person was a 14-year-old minor female. –Sexually explicit communications over two months’ time. –Apprehended after driving to agreed- upon meeting place.
John A. Doe Current Offense (cont.) –Acknowledged having thoughts about having sexual contact, but claims to have changed mind. –Currently in counseling. –Pled guilty to two counts of Importuning. –Statutory penalties: Importuning: 6-12 months of incarceration and/or up to $2500 fine.
John A. Doe Additional Background Information Stable home during childhood. No history of maltreatment. No mental health, health, or substance abuse difficulties.
John A. Doe Criminal History At age 17, fined for disorderly conduct.
John A. Doe Sentence How would you sentence John A. Doe, and what conditions would you impose?
John B. Doe
John B. Doe Demographics 75-year-old male Currently married, nearly 50 years; 3 children. Retired (long-term, stable employment in paper company). Stable residence, finances. Health problems (triple bypass, high cholesterol, emphysema).
John B. Doe Current Offense Indicted on two counts each of Rape, Gross Sexual Imposition. –Victims were two granddaughters, ages 4 and 8, when offending began. –Occurred over a 2-year time period, multiple instances of having victims fondling and performing fellatio on him. –Blames victims, indicates victims initiated and desired the contact.
John B. Doe Current Offense (cont.) –Denies harm to victims, no evidence of remorse. –Pled guilty as charged. –Statutory penalties: Rape: 3-10 years/$20,000 fine. Gross Sexual Imposition: 1-5 years/$10,000 fine.
John B. Doe Criminal History No prior record.
John B. Doe Additional Background Information Stable home during childhood. No history of maltreatment. Quit school during 8 th grade, later obtained GED. Two years of military service, honorable discharge. No mental health or substance abuse difficulties.
John B. Doe Sentence How would you sentence John B. Doe, and what conditions would you impose?
John C. Doe
John C. Doe Demographics 19-year-old male. Single, no current relationship. Resides with parents. Was employed in construction; currently in jail. No independent finances.
John C. Doe Current Offense Indicted on one count each of Sexual Battery and Tampering with Evidence. –16-year-old female victim. –Involved a co-defendant. –Victim was intoxicated and passed out at party; defendant subjected victim to non-consensual oral copulation and digital penetration; disposed of (burned) victims’ underwear afterward.
John C. Doe Current Offense (cont.) –Offender was using alcohol and marijuana at the time of the offense. –Admits to behaviors, some evidence of remorse. –Pled guilty as charged. –Statutory penalty: Sexual Battery: 1-5 years/$10,000 fine. Tampering with Evidence: 1-5 years/$10,000 fine.
John C. Doe Criminal History (Juvenile) Petty theft. Driving without a license. Drug paraphernalia. Violation of court order (failed drug test, refused to participate in drug treatment). Traffic violations.
John C. Doe Additional Background Information Stable home during childhood. No history of maltreatment. Quit school during 11 th grade, later obtained GED. History of alcohol, marijuana use/abuse. No mental health, health difficulties.
John C. Doe Trial Case proceeds to jury trial. Defendant is found guilty as charged of both counts. Maximum sentence is eight years in prison.
John C. Doe Sentence How would you sentence John C. Doe, and what conditions would you impose?
Female Sex Offenders Less than 10% of reported sex offenses involve a female perpetrator. Only 1% of all arrests for forcible rape involve a female perpetrator. Females represent about 6% of all adult arrests for other sex offenses.
Jane A. Doe
Jane A. Doe Demographics 35-year-old female. In a relationship with a prison inmate who is expected to be released this year. Resides with mother and step-father. Has cosmetology license; worked as bartender before current incarceration. No independent finances.
Jane A. Doe Current Offense Indicted on two counts of Unlawful Sexual Conduct with a Minor; found guilty on one count. –15-year-old male victim. –Shared a basement bedroom with victim in which she had her own bed at victim’s mother’s house. –Doe and victim had frequent sex/ongoing “relationship”.
Jane A. Doe Current Offense (cont.) –Doe and victim were using alcohol at time of offense. –Admits to bad judgment and consuming too much alcohol. –Statutory penalty: 1-5 years; up to $10,000 fine.
Jane A. Doe Criminal History Runaway (juvenile). Speeding (juvenile). Operating a Vehicle Intoxicated. Aggravated Menacing. Obstructing Official Business (two convictions). Domestic Violence.
Jane A. Doe Criminal History (cont.) Disorderly Conduct (three convictions). Violation of Temporary Protection Order. Operating a Vehicle Under the Influence. Possession of a Drug Abuse Instrument.
Jane A. Doe Additional Background Information Unstable home during childhood. Two alcoholic parents. As a child, witnessed grandmother shoot dead her alcoholic and abusive grandfather. Was sexually assaulted by grandfather and cousins, and abused by uncle as child.
Jane A. Doe Additional Background Information Quit high school during 12 th grade; obtained GED. History of alcohol, marijuana drug use/abuse. History of psychiatric treatment.
Jane A. Doe Trial Refused to plead to a lesser charge; found guilty of Unlawful Sexual Conduct with a Minor. At trial, defendant claimed she was the actual victim of sexual assault by named victim.
Jane A. Doe Sentence How would you sentence Jane A. Doe, and what conditions would you impose?
Jane B. Doe
Jane B. Doe Demographics 28-year-old female. Single, no current relationship. Will reside with sisters after release. Was self-employed with cleaning business; currently in jail. No independent finances.
Jane B. Doe Current Offense Indicted on three counts of Unlawful Sexual Conduct with a Minor and one count of Obstructing Official Business. –15-year-old female victim. –Ongoing unlawful sexual conduct. –Supplied victim with alcohol and/or pills. –Admits to behaviors; is remorseful.
Jane B. Doe Current Offense (cont.) –Pled guilty to two counts of Unlawful Sexual Conduct with a Minor. –Statutory penalties: 1-5 years/$10,000 fine.
Jane B. Doe Criminal History Runaway (juvenile) Assault
Jane B. Doe Additional Background Information Unstable home during childhood. Mother’s stepfather and boyfriend molested Jane; boyfriend was convicted. Lived in juvenile facility, group home, and foster homes. Mother has history of bipolar disease; attempted suicide.
Jane B. Doe Additional Background Information (cont.) Quit school after 9th grade. History of alcohol, marijuana use/abuse. No mental health, health difficulties.
Jane B. Doe Sentence How would you sentence Jane B. Doe, and what conditions would you impose?