Presentation on theme: "Sentencing and Punishment"— Presentation transcript:
1 Sentencing and Punishment Chapter 19Sentencing and Punishment
2 SentencingThe imposition of a criminal sanction by a judicial authority. Modern sentencing practices are influenced by the following five goals:RetributionIncapacitationDeterrenceRehabilitationRestoration
3 Sentencing Retribution – something demanded as payment. Proportionality – degree to which a particular punishment matches the seriousness of crime or matches the penalty other offenders have received for the same crime.Capital Crimes – crime which death is permissible punishment.Corporal Punishment – punishment that inflicts pain or injury to a person’s body.General Deterrence – theory that punishment serves to deter others from committing crimes.Penitentiary – prison.
4 Sentencing Rehabilitation – restoring someone to their former status. Incarceration – imprisonment.Incapacitation – punishment making it impossible for an offender to re-offend.
5 Contemporary Forms of Criminal Punishment There are a variety of criminal punishment:Monetary FinesFor first time offendersOffenders are required to pay back as punishmentForfeiture – sacrifice of ownership or some right as a penaltyIncarcerationConfinement is generally the only effective way to deal with violent offenders.Prison is an effective incapacitator, but rarely an effective rehabilitator.Boot Camp – program designed to employ a system of discipline like the military. Inmates are generally young, nonviolent offenders who have committed theft, burglary, forgery, and other nonviolent offenses.ProbationConditional release of a convicted criminal in lieu of incarceration.
6 Contemporary Forms of Criminal Punishment Community serviceOffenders are required to perform a specified number of hours of service to the community, doing specified tasks.Is required as one of several conditions of probation.Death penalty38 states currently authorize capital punishment for first-degree murder or other types of aggravated homicide.
7 The Sentencing Stage of the Criminal Process Presentence Investigation – investigation held before sentencing a convicted criminal to aid the court in determining the appropriate punishment.Presentence Report – report containing the results of a presentence investigation.Sentencing Hearing – hearing held by a trial court before the sentence is pronounced.
8 The Sentencing Stage of the Criminal Process Suspended Sentence – trial court’s decision to place a defendant on probation or under community control instead of imposing a sentence.Concurrent Sentencing – practice in which a trial court imposes separate sentences to be served at the same time.Consecutive Sentencing – practice in which a trial court imposes a sentence or sentences to be served following completion of a prior sentence or sentences.Victim Impact Evidence – evidence relating to the physical, economic, and psychological impact that a crime has on the victim.Victim Impact Statement – statement read into the record during the sentencing phase of a criminal trial to inform the court about the impact of the crime on the victim.
9 Approaches to Incarceration Indeterminate Sentencing – criminals are sentenced to prison for indeterminate periods until corrections officials determine that rehabilitation has been accomplished.Definite Sentencing – legislatively determined sentencing with no discretion given to judges or corrections officials to individualize punishment.Determinate Sentencing – process of sentencing whereby the judge sets a fixed term of years within statutory parameters and the offender must serve that term without possibility of early release.Indefinite Sentencing – judge imposes a term of incarceration within statutory parameters, and corrections officials determine actual time served through parole or other means.Mandatory Minimum Sentence – sentence in which the minimum duration of incarceration is specified by law.
10 Approaches to Incarceration Mandatory Sentencing – trial courts are constrained by law to impose prison terms of certain minimum duration.Habitual Offenders – one who repeatedly commits crimes.Three Strikes and You’re Out – statute that provides for mandatory life imprisonment for a convicted felon who has been previously convicted of two or more serious felonies.
11 The Rights of Prisoners Good-Time Credit – credit toward early release from prison based on good behavior during confinement.Parole Revocation Hearings – administrative hearing held for the purpose of determining whether an offender’s parole should be revoked.
12 The Rights of Crime Victims Uniform Victims of Crime Act – law proposed by the Uniform Law Commission designed to provide uniform rights and procedures concerning crime victims.