Chapter 11 SENTENCING AND SANCTIONS 1

Purpose of Criminal Sanctions  Criminal Sanctions – A penalty imposed for violating accepted social norms. A sanction may be civil or criminal in nature. Criminal sanctions are either fine, imprisonment, or both. 2

Philosophies of Punishment 1. Deterrence 2. Incapacitation 3. Retribution 4. Rehabilitation 5. Restorative Justice 3

Philosophies of Punishment 1. Deterrence – to prevent future crime. A painful experience should deter recurring behavior.  Corporal Punishment (inflicting pain)  Public Punishment  Sterilization 4

Would deterrence work on him? 5

Philosophies of Punishment 2. Incapacitation – remove from society so criminals are prevented from committing other crimes  Banishment  Transportation (Convicts moved somewhere else)  Prison 6

Philosophies of Punishment 3. Retribution – punishment because they deserve it. Many cases in a similar fashion to the crime committed.  “an eye for an eye”  Death penalty – (Controversial) 7

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Philosophies of Punishment 4. Rehabilitation – “cure” the offender of criminal behavior  Psychology, medicinal/drug treatment, self-esteem counseling, education  Focus on juvenile crime 9

Philosophies of Punishment  5. Restorative Justice – rehabilitating the victim to address the damage done  Restitution  Community Service  Mediation between victims and criminals 10

Sentencing The jury determines guilt but the judge sets the punishment. Except in capital cases…. where a jury is used in several states. 11

Sentencing  All criminal laws passed by state legislature of U.S. Congress must specify a range of punishments a judge can impose.  Misdemeanor – maximum sentence cannot exceed one year  Felony – maximum sentence of life  On average it takes over a year from verdict to sentencing!!!!! 12

Sentencing  Pre-sentence Investigation Report – to help judge decide best sentence  Previous crimes and convictions considered  Employment, family, and reputation considered  Guilt, remorse, and cooperation  Victim impact statement allowed sometimes 13

Look at the example 14

Austin Myers - Ohio  15 

Death Penalty – To be or not to be? 16

Informal Debate  Go to the criminal justice class page.  Open the document titled “Death Penalty Discussion Worksheet”  me when finished. 17