CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing CHAPTER 9

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ imprisonment fines probation death Traditional Sentencing Options

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Goals of Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ retribution incapacitation deterrence rehabilitation restoration Sentencing Goals of Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Retribution: … the act of taking revenge on a perpetrator. Early punishments were swift and immediate. Death and exile were common punishments. Retribution follows the Old Testament: “Eye for an eye.” Retribution holds offenders personally responsible.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Incapacitation: … the use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses. In ancient times, mutilation and amputation were used to incapacitate. Incapacitation requires restraint, not punishment. It is on the increase in the U.S., as evidenced by the increase in prison populations.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Deterrence: … a goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment. It demonstrates that crime is not worthwhile. There are two types of deterrence:  specific  general

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ hedonistic calculus - Jeremy Bentham’s belief that people weigh the perceived rewards of criminal behavior against the perceived punishments. Bentham believed that crime will be prevented when perceived punishment outweighs perceived reward. Deterrence

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Specific Deterrence: … a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality. Incapacitation – During the time an offender is incapacitated, he is not committing new crimes against free society. Capital Punishment – Renders offender incapable of committing more crimes.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ General Deterrence: … a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced. Examples of general deterrence include public floggings and very long sentences.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Rehabilitation: … the attempt to reform a criminal offender. Reforming offenders means that criminal activity should be reduced. Education, training, and counseling are some of the vehicles used. The concept was developed in the 1930s as a result of the growth of psychology.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Restoration: … a goal of criminal sentencing that attempts to make the victim “whole again.” Crime is a violation of a person as well as the state. Restorative justice addresses the needs of the person (victim). The following are involved:  Counseling  Compensation for medical bills, lost wages, personal suffering

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing indeterminate determinate (fixed) Two Types:

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Indeterminate Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Indeterminate Sentencing: … A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences, such as a term of imprisonment “from one to ten years.”

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Indeterminate sentencing allows judges to have a wide range of discretion. Sentences are often given in a range, i.e., “ten to twenty years.” Probation and parole are options. Degrees of guilt can be taken into account. Indeterminate Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ “Good Time” The offender can receive credit for good behavior and thereby reduce the amount of time he spends incarcerated. The behavior of the offender during incarceration is the main determining factor in release decisions. Indeterminate Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Bureau of Justice Statistics Violent offenders serve only 51% of their sentences prior to release. 49% of the sentence is served prior to release for all felonies. Many early releases have been necessitated by prison overcrowding Study

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Structured Sentencing: … a model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Developed, in part, as a response to the disparity in sentencing of the indeterminate model. Structured Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ proportionality equity social debt Structured Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Proportionality: … the severity of the sanction should be directly related to the seriousness of the crime committed.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Equity: … similar crimes should receive similar sentences, regardless of the characteristics of the offender.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Social Debt: … The offender’s criminal history should be taken into account during sentencing, i.e., the more crimes previously committed, the harsher the sentence should be.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Determinate Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Determinate Sentencing: … A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or earned time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Offender is given a fixed sentence length. The sentence can be reduced by “good time.” The use of parole is eliminated. Structured Sentencing

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Presumptive Sentencing: … model of punishment that meets the following conditions: 1. Proper sentence is presumed to fall within the range authorized by sentencing guidelines. 2. If judges deviate from guidelines, they must provide written justifications. 3. Sentencing guidelines provide for some review, usually by an appellate court.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing Guidelines Minnesota (1980) Pennsylvania (1982) Washington (1983) Florida (1983) The federal government and 16 states now employ sentencing guidelines. First states to approve use of sentencing guidelines:

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Most state sentencing guidelines allow for mitigating factors and/or aggravating factors. Sentencing Guidelines

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Mitigating Factors: … factors that may cause a judge to lower a sentence below that specified in guidelines. Examples no prior record partial or full restitution already made good community reputation helped in apprehension of another felon

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Mitigating Factors: … factors that may cause a judge to lower a sentence below that specified in guidelines. Examples Victim was a voluntary participant or acted under provocation. Offense was committed under duress, coercion, or threat which was not sufficient for defense but reduced culpability.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Aggravating Factors: … circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense. Examples Defendant induced others to participate Offense was especially heinous. Defendant was armed.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Aggravating Factors: … circumstances relating to the commission of a crime which cause its gravity to be greater than that of the average instance of the given type of offense. Examples Offense was committed for hire. Victim was a law enforcement officer. Defendant took advantage of a position of trust.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Mandatory Sentencing: … structured sentencing that allows NO leeway in the sentence required for a crime. For example: Three Strikes Laws require mandatory sentence when convicted of third felony require long prison terms

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Truth in Sentencing: … a close correspondence between the sentence imposed upon an offender and the actual time served prior to release from prison.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Structured Sentencing provided money to entice states to pass “truth in sentencing” laws….money to be used for prison construction in those states that complied Violent Crime Control and Law Enforcement Act of 1994

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Sentencing Guidelines established under Sentencing Reform Act of member commission set minimum sentences for certain federal offenses limited federal judges’ discretion guidelines went into effect in November 1987 challenged on legal grounds in Mistretta v. U.S. U.S. Sentencing Commission

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ U.S. Supreme Court held that Congress had acted appropriately in establishing the Sentencing Commission and that the guidelines could be applied in federal cases nationwide. Mistretta v. U.S. (1989)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Career Offender: … legal status that requires a defendant to: be at least 18 at time of offense commit a crime of violence or to traffic in a controlled substance have at least two prior felony convictions for crimes of violence or trafficking

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Deal was convicted in a single judicial proceeding of 6 counts of carrying and using a firearm in a series of bank robberies He had no previous convictions He was sentenced to 105 years in prison as a career offender. Deal v. U.S. (1993)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Court rejected his appeal stating, “We see no reason why the defendant should not receive such a sentence, simply because he managed to evade detection, prosecution, and conviction for the first five offenses and was ultimately tried on all six in a single proceeding.” Deal v. U.S. (1993)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal Level Of all federal cases, 90% are the result of guilty pleas, of which the vast majority are the result of plea negotiations. Plea Bargaining

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Mitigating/ Aggravating Factors

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Three Types Long form detailed written report on the defendant’s personal and criminal history Short form summarizes the type of information most likely to be useful in the sentencing decision Verbal report made by the investigating officer based on field notes Presentence Investigation Report

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Presentence Investigation Report 1.Personal information and identifying data 2.Chronology of the current offense and circumstances surrounding it 3.Record of previous convictions 4.Home life and family data 5.Educational background Ten Major Informational Sections

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Presentence Investigation Report 6. health history 7. military service 8. religious preference 9. financial condition 10. sentencing recommendation Ten Major Informational Sections

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Federal law mandates a presentence report in federal court. Presentence Investigation Report

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Felony Sentencing in Federal and State Courts

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Court-ordered Prison Commitments,

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ consideration of victim and their survivors victims’ rights movement victims’ assistance programs The Victim

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Restorative Justice – emphasizes offender accountability and victim reparation. The Victim

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Victim impact statements – description of losses, suffering, and trauma experienced by victims or their survivors. The Victim

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing Options: Imprisonment 927,717 people convicted in 1998 in state felony courts. 44% of those convicted received active prison terms. 24% received jail sentences of less than one year. Bureau of Justice Statistics reports:

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing Options: Imprisonment 32% of those convicted are sentenced to probation. The average prison sentence is 5 years. The average prison sentence served is 2 years. Bureau of Justice Statistics reports:

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Fines are one of the oldest forms of punishment Advantages: Fines fill state coffers. Fines deny criminals the proceeds of their criminal activity. Fines are inexpensive to implement. Fines can be made proportionate to the severity of the offense. Sentencing Options: Fines

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Fines are one of the oldest forms of punishment Criticisms: Fines are a mild form of punishment. Offenders often serve no time. Fines can discriminate against the poor. Fines can be difficult to collect. Sentencing Options: Fines

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Death Penalty

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing Options: Death Greek Society (200 B.C.E.) - used poison to limit suffering Dark Ages - executions by ordeal Israel – biblical times instituted public stoning Romans – used beheading most often, also used burning for arsonists History

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Sentencing Options: Death Until the 1890s, hanging was the predominant form of execution. Currently, the majority of capital punishment states use lethal injection.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ U.S. Executions by State

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Writ of Habeas Corpus: … Latin for “you have the body.” An order directing anyone holding a prisoner to bring him before a judicial officer to determine the lawfulness of the imprisonment.

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Has been used on innocent people and may be again Not an effective deterrent Imposition is arbitrary and discriminatory Far too expensive Reduces society to the level of the criminal Opposition to the Death Penalty

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ revenge - Only after execution can survivors begin to heal psychologically. just deserts - Some people deserve to die for what they did. protection - Once executed, the person cannot commit another crime. Support for the Death Penalty

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Death Penalty Court Cases U.S. Supreme Court defined cruel and unusual methods of execution: “Punishments are cruel when they involve torture or lingering death; but the punishment of death is not cruel within the meaning of that word as used in the Constitution.” In re Kemmler (1890)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Death Penalty Court Cases “evolving standard of decency” The Court invalidated Georgia’s death penalty statute on the basis that it allowed a jury unguided discretion in the imposition of a capital sentence. Furman v. Georgia (1972)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Death Penalty Court Cases The Court upheld the two-step procedure requirements of Georgia’s new capital punishment law as necessary for ensuring the separation of the highly personal information needed in a sentencing decision from the kinds of information reasonably permissible in a jury trial. Gregg v. Georgia (1976)

CRIMINAL JUSTICE A Brief Introduction, 5/E by Frank Schmalleger ©2004 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ There is little common ground between death penalty advocates & opponents The future of the death penalty likely rests with state legislatures The Future of the Death Penalty