Vocabulary In your notes please define the following terms: Suspended Sentence Probation Restitution Retribution Deterrence
Information/Grand Jury Felony Arraignment and Pleas Arrest Booking Initial Appearance Information/Grand Jury Felony Arraignment and Pleas Pretrial Motions Trial Verdict = Guilty Sentencing
Sentencing Options Judges generally have considerable freedom in determining type, length, and condition of sentence. Suspended Sentence – Sentence is given but does not have to serve unless he/she violates conditions Probation – Placed under the supervision of a probation officer, must meet certain terms of probation (i.e. drug free, employment)
Sentencing Options Home Confinement – Defendant will serve the sentence at home, usually can only leave home for specific events (i.e. Work, school) usually required to wear a monitoring device.
Sentencing Options Fine – required payment to the government Restitution – Required to make up whatever loss or injury was caused to the victim
Sentencing Options Work Release – Allowed to work but must return to prison at night and weekends Confinement – Imprisoned 24/7 until sentence is served or probation is granted Death Penalty – Defendant is sentenced to die for their crime
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Presentence Report Prepared by the probation department and contains: Description of the offence and circumstances Past criminal record Description of defendants social, medical, educational and employment background Recommended sentence
Presentence Report Prepared by the probation department and contains: Describe the harm to the victim Victim Impact statement Victim family may also give statement
Imposing Sentence After receiving Presentence report Victim impact statements Recommendations the prosecuting attorney and defense attorney the judge then imposes the sentence
Sentencing Guidelines and Judges Discretion https://www.c-span.org/video/?185675-5/federal-sentencing-guidelines (25:00)
What is the Purpose of Punishment?
Purposes of Punishment Retribution – Punishment given as a kind of revenge for wrongdoing (eye for an eye, vigilante) Deterrence – Discourage repeat offender, serves as an example to others Rehabilitation – Process through which a convicted person is changed or reformed to lead a productive life Incapacitation – Removes threat from society
Parole v. Probation Parole- A release from prison before the full sentence is served, it is not a right but privilege. Some states and the federal prison system do not allow probation. Probation – A sentence handed down from a judge at initial sentencing.