Copyright © 2017 Cengage Learning. All Rights Reserved. Punishment and Sentencing Chapter 12

Copyright © 2017 Cengage Learning. All Rights Reserved. Learning Objectives 1.Describe the goals of punishment 2.Identify the types of sentences that judges can impose 3.Discuss what really happens in sentencing 4.Analyze whether the system treats wrongdoers equally

Copyright © 2017 Cengage Learning. All Rights Reserved. The Goals of Punishment Retribution: Deserved Punishment Deterrence Incapacitation Rehabilitation New Approach to Punishment: Restorative Justice

Copyright © 2017 Cengage Learning. All Rights Reserved. Checkpoint 1.What are the four primary goals of the criminal sanction? 2.What are the difficulties in showing that a punishment acts as a deterrent?

Copyright © 2017 Cengage Learning. All Rights Reserved. Forms of the Criminal Sanction Incarceration Indeterminate Sentences Determinate Sentences Mandatory Sentences The Sentence versus Actual Time Served Truth in Sentencing

Copyright © 2017 Cengage Learning. All Rights Reserved. Figure 12.2 Mean Time Served in State Prison vs. Mean Length of Sentence (in months) Many offenders serve a half or less of the mean sentences. Why is there such a difference between the sentences and the actual time served? Sources: Sean Rosenmerkel, Matthew R. Durose, and Donald Farole, “Felony Sentences in State Courts, 2006: Statistical Tables,” Bureau of Justice Statistics Bulletin, revised version, November 22, 2010; Tom Bonczar, National Corrections Reporting Program, 2006, U.S. Bureau of Justice Statistics, May 2010, Table 8.

Copyright © 2017 Cengage Learning. All Rights Reserved. Technology & Criminal Justice Technological Innovation in Jail Administration Will the extensive use of technology reduce jail officers’ person-to-person contact with the offenders and detainees held in jail? What are two strongest arguments for and against new jail technology?

Copyright © 2017 Cengage Learning. All Rights Reserved. Forms of the Criminal Sanction Intermediate Sanctions Probation Death The Death Penalty and the Constitution

Copyright © 2017 Cengage Learning. All Rights Reserved. Figure 12.4 Death Row Census, 2014 Sources: Adapted from data by Death Penalty information Center, Facts about the Death Penalty, October 1, 2014 (deathpenaltyinfo.org). Note: Nebraska abolished its death penalty in May 2015.

Copyright © 2017 Cengage Learning. All Rights Reserved. Key Supreme Court Decisions Furman v. Georgia (1972) Gregg v. Georgia (1976) McCleskey v. Kemp (1987) Atkins v. Virginia (2002) Roper v. Simmons (2005) Ring v. Arizona (2002) Baze v. Rees (2008)

Copyright © 2017 Cengage Learning. All Rights Reserved. Forms of the Criminal Sanction Continuing Legal Issues Execution of the Insane Execution for Child Rape Effective Counsel Death-Qualified Juries Appeals The Death Penalty: A Continuing Controversy

Copyright © 2017 Cengage Learning. All Rights Reserved. Close Up The Death Penalty Debate Can the U.S. create a system to eliminate the problem of innocent people being sentenced to death?

Copyright © 2017 Cengage Learning. All Rights Reserved. Bobby O’Lee Phillips is escorted by deputies outside the Covington County Courthouse in Alabama after being sentenced to death for committing a murder after he had escaped from jail. Why might a judge or jury believe that capital punishment is appropriate in this case? Source: AP Images/Star-News, Andrew Garner

Copyright © 2017 Cengage Learning. All Rights Reserved. Checkpoint 3.What are the three types of sentences used in the United States? 4.What are thought to be the advantages of intermediate sanctions? 5.What requirements specified in Gregg v. Georgia must exist before a death sentence can be imposed?

Copyright © 2017 Cengage Learning. All Rights Reserved. The Sentencing Process The Administrative Context of the Courts Misdemeanor Courts: Assembly-Line Justice Felony Courts Attitudes and Values of Judges Presentence Report Sentencing Guidelines

Copyright © 2017 Cengage Learning. All Rights Reserved. New Directions in Criminal Justice Policy Evidence-Based Sentencing Do judges know enough about the causes of criminal behavior to accurately apply information from the EBS process to their attempts to tailor an appropriate sanction that will punish and reduce the risk of reoffending?

Copyright © 2017 Cengage Learning. All Rights Reserved. Inside Today’s Controversies The U.S. DOJ’s Investigation of the Ferguson, Missouri, Municipal Court What are specific steps that could be taken to achieve fairness and equal justice by reforming the approach to policing and punishment taken by Ferguson, MO, police, prosecutors, and court officials?

Copyright © 2017 Cengage Learning. All Rights Reserved. The Sentencing Process Who Gets the Harshest Punishment? Racial Disparities Wrongful Convictions

Copyright © 2017 Cengage Learning. All Rights Reserved. Checkpoint 6.What are the four factors thought to influence the sentencing behavior of judges? 7.What factors contribute to erroneous convictions?

Copyright © 2017 Cengage Learning. All Rights Reserved. A Question of Ethics 2014 Judge Jean Boyd imposed a sentence of 10 years on teenager Eric Crouch vs sentence of 10 years on another teenager What are a judge’s responsibilities in sentencing?