1. Chapter 11 Punishment and Sentencing

2. The History of Punishment
From Exile to Fines, Torture to Forfeiture
Public Work and Transportation to the Colonies
The Rise of the Prison

3. The Goals of Modern Sentencing
General Deterrence
Punishing the offender serves to convince society not to commit crimes
Difficulty in determining the right amount of punishment
Some believe recent declines in crime rates are result of tough sentences
Assumes people consider consequences before acting

4. The Goals of Modern Sentencing (cont.)
Incapacitation
Confinement so that offender cannot commit more crimes
Specific Deterrence
Will deter that particular offender from committing future crimes
Retribution/Just Desert
Those who commit crimes deserve to be punished

5. The Goals of Modern Sentencing (cont.)
Rehabilitation
Based on treatment philosophy that offenders can be reformed
Equity/Restitution
It is fair and just for criminals to repay society and their victims

6. Imposing the Sentence
Except for mandatory sentences judges rely on a variety of information
Victim impact statements
Pre-sentence investigation reports
Concurrent Sentences: person serves sentences for two or more crimes at the same time
Consecutive Sentences: sentences for two or more criminal acts that are served one after the other
Effect of Good Time

7. Sentencing Models
Indeterminate Sentences
Based on a treatment philosophy which must fit the needs of the offender
Sentence has a minimum & maximum
Inmate can earn time off for good behavior
Early release but continued supervision

8. Sentencing Models (cont.)
Determinate Sentences
Sometimes referred to as structured sentences
Prompted by dissatisfaction with disparity and uncertainty of indeterminate sentencing.
Defendants serve specified number of years
Use of sentencing guidelines

9. Sentencing Models (cont.)
Effectiveness of Guidelines
They are too rigid, harsh and overly complex
Biased against African-Americans
Take into account juvenile convictions
Result in longer prison terms
U.S. v. Booker held federal guidelines were unconstitutional

10. Sentencing Models (cont.)
Mandatory Sentences
Bars judicial discretion
May exclude probation
May exclude parole
May use minimum or maximum terms but most commonly requires a fixed prison sentence
Have increased the size of the correctional population to record levels

11. Sentencing Models (cont.)
Three-Strikes Laws
Provides lengthy prison terms for anyone convicted of three felonies – many of the statutes impose a life sentence
May involve relatively trivial felony offenses
Experts argue whether it has any deterrent effect

12. Sentencing Models (cont.)
Truth in Sentencing
Require offenders to serve a substantial portion of their prison sentence behind bars
Parole eligibility and good-time credits are restricted or eliminated

13. How People are Sentenced
In 2002 more than one million adults were convicted of a felonies in a single year
About 2/3rd of felons convicted in state court were sentenced to a period of confinement.
The average sentence was 4½ years.
Offenders generally served only 51% of their sentence.

14. How People are Sentenced (cont.)
Factors That Effect Sentencing:
Seriousness of the crime
Offender’s prior record
Whether offender used violence
Whether offender used a weapon
Whether the crime was committed for money

15. How People are Sentenced (cont.)
Factors That Effect Sentencing (cont.):
Social class – lower class members may expect to get longer sentence
Gender – chivalry hypothesis; women receive more favorable outcomes
Age – more lenient with elderly offenders
Victims with “negative personal characteristics – defendants may receive shorter sentences
Racial status – minorities receive longer sentences in some jurisdictions

16. Capital Punishment
More than 14,500 executions since 1608
Most executions for murder & rape
Supreme Court has limited crimes for which death penalty may be imposed
Death penalty for murder is used in 37 states and by the federal government

17. Capital Punishment (cont.)
Approximately 3,500 people are currently under sentence of death
Between 75 and 100 people are executed each year
In people were executed
Lethal injection primary mode of execution
Unease over potential for error has caused decline in number of inmates on death row

18. Capital Punishment (cont.)
Arguments for the Death Penalty
Incapacitation
Deterrence
Morally Correct
Proportional to the Crime
Reflects Public Opinion
Unlikely Chance of error

19. Capital Punishment (cont.)
Arguments Against the Death Penalty
Possibility of Error
Unfair Use of Discretion
Misplaced Vengeance
Weak Public Support
Little Deterrent Effect – Causes More Crime Than it Deters
Always a hope of rehabilitation
Racial, Gender, and Other Bias
Brutalization Effect
Expensive and Morally Wrong

20. Capital Punishment (cont.)
Legal Issues
Furman v. Georgia: Discretionary imposition is unconstitutional
Gregg v. Georgia: Must consider aggravating and mitigating circumstances
Ring v. Arizona: Jury must impose sentence – not judges
Atkins v. Virginia: May not execute mentally ill
Roper v. Simmons: Must be 18 years old to be sentenced to death

21. Capital Punishment (cont.)
Deterrent Effect of Capital Punishment
Three methods of research used to try to determine if death penalty deters crime
Immediate-impact studies
Time-series analysis
Contiguous-state analysis
Most researchers have failed to show any deterrent effect of capital punishment
General consensus is that capital punishment has little deterrent effect