Criminal Law for the Criminal Justice Professional Norman M. Garland Third Edition Copyright © 2012 The McGraw-Hill Companies, Inc. All Rights Reserved. C H A P T E R 7 Copyright © 2012 The McGraw-Hill Companies, Inc. All Rights Reserved. McGraw-Hill/Irwin

Slide Punishment in the Criminal Justice System 7.2 Sentencing C H A P T E R 7 Punishment and Sentencing

Slide 7-3 CHAPTER OBJECTIVES 1. Identify the principal purpose of laws that make certain acts punishable by society in the form of criminal prohibitions. 2. Name the two justifying theories of punishment that underlie modern criminal law. 3. Explain the retributive theory of punishment. 4. State the hallmarks of the utilitarian theory of punishment.

Slide 7-4 CHAPTER OBJECTIVES 5. Define the types of sentences that may be imposed. 6. Explain indeterminate sentencing. 7. Define determinate sentencing. 8. Explain sentencing guidelines. 9. Describe the alternatives to imprisonment. 10. State when the death penalty cannot be imposed. continued

Slide Punishment in the Criminal Justice System Criminal law distinguished from other types of law by punishment for violation – Meaningful set of mandatory rules of conduct must provide for punishment of those who violate the rules

Slide 7-6 Definition of Punishment Punishment integral part of the criminal justice system When an agent of the government, using authority granted by virtue of a legal criminal conviction, intentionally inflicts pain, loss of liberty, or some other unpleasant consequence on the person who has been convicted. punishment

Slide 7-7 Definition of Punishment retributive justification A justification for punishment based on the theory that a wrongdoer deserves punishment for punishment’s sake. utilitarian justification A justification for punishment based on the theory that a social practice is desirable if it promotes the greatest good for the largest number of people.

Slide 7-8 Rehabilitative justification A justification for punishment based on the theory that if an offender is reformed, the offender will not commit any more crimes. Definition of Punishment – Many critics do not believe that criminals can in fact be reformed

Slide 7-9 Retributive Rationale for Punishment One who violated rights of others should be penalized Punishment restores moral order Imposition of punishment in proportion to the degree of wrongdoing sets matters right Criminals deserve punishment because they violate social norms

Slide 7-10 Utilitarian Justification for Punishment Based on Jeremy Bentham’s test for moral desirability of an act or social practice: – Whether the act or practice promotes human happiness better than possible alternatives – Greatest good for the greatest number

Slide 7-11 Utilitarian Justification for Punishment General Deterrence – Effect punishment will have in causing other people in the community to refrain from committing the same crime Individual Deterrence – Effect imposition of punishment on wrongdoer has in causing him or her to refrain from repeating the act

Slide 7-12 Utilitarian Justification for Punishment incapacitation The removal or restriction of freedom of those who have violated criminal laws, usually by imprisonment.

Slide 7-13 Utilitarian Justification for Punishment Incapacitation (continued) three-strikes laws Laws that impose sentences of 25-years-to- life for those who have been convicted of certain serious offenses three times. zero tolerance Laws that impose maximum penalties for certain crimes, such as particular sex offenses; also known as one-strike laws.

Slide 7-14 Utilitarian Justification for Punishment Reform – Rehabilitation of offender so that s/he no longer desires to commit crimes Vengeance The imposition of punishment in the context of an “eye for an eye” or a “tooth for a tooth”; usually associated with retribution, though the utilitarian may see a benefit in vengeance. vengeance

Slide 7-15 Modern Views on Punishment Prevalent punishment practices in U.S. from mid-20 th century to 1970s predicated upon utilitarian theories but consistent with “important retributive limits on severity” – Reform movement of 1970s: fixed- term sentencing, development of sentencing guidelines legislative model

Slide Sentencing Sentencing controversial area Judges in federal criminal law system have Federal Sentencing Guidelines available to assist them

Slide 7-17 Types of Sentencing indeterminate sentencing A sentencing system in which the trial judge has great discretion and correctional authorities have the power to release a prisoner before completion of the maximum sentence imposed by the judge if, in the view of those authorities, rehabilitative goals have been achieved.

Slide 7-18 Types of Sentencing determinate sentencing A sentencing system that abolishes parole boards and creates presumptive sentencing ranges for various classes of offenses, thereby limiting trial judges’ discretion; such a system typically has sentencing guidelines for judges to follow. sentencing guidelines A set of standards for sentencing, set by a commission legislatively established for that purpose, that judges in a determinate sentencing system must or may follow.

Slide 7-19 Types of Sentencing Mandatory Sentencing mandatory sentencing Laws by which the state’s legislature fixes either the exact penalty for the crime or a minimum number of years that the defendant must serve. habitual-felon laws Laws that provide for enhanced sentencing of repeat offenders. Habitual Offender Laws

Slide 7-20 Types of Sentencing Federal Sentencing Guidelines – Congress passed Sentencing Reform Act of 1984, creating. Sentencing Commission that developed Federal Sentencing Guidelines States’ Sentencing Guidelines – Some states decided determinate sentencing laws violated jury trial rights – Guidelines have been harshly criticized

Slide 7-21 Alternatives to Imprisonment Problems with Imprisonment – State and federal prison population increased 628% since 1970 – 2,193,798 prisoners incarcerated in prisons and jails by end of 2005 Cost of corrections skyrocketed into billions of dollars Many searching for alternatives

Slide 7-22 Alternatives to Imprisonment Probation and Parole The suspension of a sentence of incarceration, allowing the offender to return to the community with conditions under the supervision of a probation officer. probation The release of an offender from incarceration prior to the expiration of the full term of incarceration, to carry out the rest of the sentence with conditions under the supervision of a corrections officer. parole

Slide 7-23 Alternatives to Imprisonment Restorative Justice Wrongful Convictions – Prisons have housed number of innocent inmates – Few remedies for those who are wrongly imprisoned restorative justice A process through which all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future.

Slide 7-24 Death Penalty 111 countries do not impose death penalty; 84 countries do impose death penalty – Most states (34 as of March 2011), the federal government, and the military impose death penalty in certain cases and circumstances – Controversy surrounding death penalty is not likely to end

Slide 7-25 Death Penalty History and Evolution of the Death Penalty – People historically executed for wide variety of crimes in England Meant as a deterrent – England abolished death penalty in 1965 – Death penalty in and out of fashion in the U.S. Texas accounted for 35% of executions in U.S. since 1977 Some states imposed moratoriums

Slide 7-26 The Death Penalty Today Death penalty reviewed by U.S. Supreme Court under “cruel and unusual punishment” clause of 8 th Amendment Death penalty case challenges since 1976 have focused on proportionality of a sentence of death for a particular crime proportionality A principle that has been read into the cruel and unusual punishment clause of the Eighth Amendment to measure the validity of punishment, including the death penalty.

Slide 7-27 Application Case – 7.1Ewing v. California Lockyer v. Andrade – 7.2Blakely v. Washington United States v. Booker

Slide 7-28 Figure 7.1: States That Do and Do Not Have the Death Penalty