1. AJ 50 – Introduction to Administration of Justice
Chapter 9 -
Sentencing

2. Why Do We Punish Criminals?
When does a person learn that breaking the rules = some type of punishment?
What is the Penal Code?
A book of punishments!
If you do this crime, here’s what will happen…
“Just Deserts” = A person gets what he/she deserves
Sentencing = imposing a criminal sanction by the courts

3. Theories of Punishment
Retribution
Taking revenge against a wrongdoer
Follows “Just Deserts” philosophy
Incapacitation
Preventing criminals from doing more crimes while incarcerated
Deterrence
Inhibiting criminal behavior through fear of punishment

4. Types of Deterrence Specific Deterrence General Deterrence
Focus on the criminal him/herself
Punishment will prevent future criminal acts by this individual wrongdoer
General Deterrence
Focus on others in society who may be influenced not to commit crime due to punishment of another individual
Learn from another’s mistake

5. Theories of Punishment (continued)
Rehabilitation
Attempt to “cure” or reform the criminal offender
Counseling, education, vocational training, etc.
Restoration
Restorative Justice
Focus on making the victim “whole” again
Includes restitution and increases participation of victim throughout process

6. Sentencing Concepts Proportionality Equity Social Debt
Severity of sanctions should bear a direct relationship to seriousness of crime
Equity
Similar crimes should be punished equitably, regardless of defendant’s social status
Social Debt
Looking at a defendant’s criminal history to determine overall “debt to society”

7. Sentencing Considerations
Aggravating Circumstances
Negative actions or behaviors that make the crime worse than normal
May lead to harsher sentence
Mitigating Circumstances
Positive actions or behaviors that tend to lessen the “criminality” of a defendant
May lead to lighter sentence
Truth in Sentencing
Federal guideline calling for close correspondence between sentence imposed and time actually served

8. Indeterminate Sentencing
General, unspecified term of sentencing based upon discretion of judge
Actual time served depends on inmate’s behavior/progress while incarcerated
Gain Time
Time deducted for participation in special programs
Good Time
Time deducted for good behavior

9. Determinate Sentencing
Fixed term, determined by criminal act
Allows some flexibility for early-release
Presumptive Sentencing
Appropriate sentence for criminal offender presumed to fall within legislative guidelines

10. Mandatory Sentencing
Structured sentencing mandates for specific offenses or habitual offenders
California Three-Strikes Law (1994)
Targets “career criminals”
Two or more previous convictions for a violent or serious felonies…
3x the normal sentence, or
25 years-to-life in prison

11. Alternative Sentencing
Diversion
Referral to treatment/care facility instead of criminal proceedings
Other Alternatives
Community Service
Drug/Alcohol, Family Counseling
Anger-Management
Pre-Sentence Investigations
Offender’s background
Conducted by Probation or Parole
Public-safety considerations?

12. Victims’ Rights Movement
All 50 states allow for some type of monetary payments to crime victims
Medical expenses, lost wages, etc.
Crime Victims’ Rights Act (1994)
Protection from accused
Notification of proceedings, release, etc.
Inclusion in proceedings
Restitution

13. The Ultimate Punishment
Capital Offense
Criminal offense punishable by death
Capital Punishment = Death Penalty
Federal government and 37 states
Writ of Habeas Corpus
Directs detaining authority to bring detainee before a judge to determine lawfulness of imprisonment
Historically used to delay capital punishments
US Executions
= 3,859
= 1,132
CA Executions
1930 – 1967 = 292
1977 – 2008 = 13

14. Pros and Cons Opposition to Capital Punishment
Innocence
Deterrence
Discrimination
Expense
Justifications for Capital Punishment
Revenge
Just Deserts
Protection and Public Safety
What do you think???