Punishment and sentencing By: Jessie Graber

The goals of modern sentencing  General Deterrence- a crime control policy that depends on the fear of criminal penalties  Expected Punishment  Incapacitation- policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society  Incapacitation is controversial  Recidivism- repetition of criminal behavior ; habitual community  Specific deterrence- punishment severe enough to convince convicted offenders never to repeat their criminal activity  General Deterrence- a crime control policy that depends on the fear of criminal penalties  Expected Punishment  Incapacitation- policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society  Incapacitation is controversial  Recidivism- repetition of criminal behavior ; habitual community  Specific deterrence- punishment severe enough to convince convicted offenders never to repeat their criminal activity

Retribution and just desert  Punishment should be no more or less than the offender’s actions deserve  It must be based on..  Blameworthy  Just Desert  Punishment should be no more or less than the offender’s actions deserve  It must be based on..  Blameworthy  Just Desert

Rehabilitation  Based on a prediction of the future needs of the offender, not on the gravity of the current offense  Public rather would support the goal of sentencing  Evidence is growing that offender rehabilitation can be effective if the proper methods are used  Based on a prediction of the future needs of the offender, not on the gravity of the current offense  Public rather would support the goal of sentencing  Evidence is growing that offender rehabilitation can be effective if the proper methods are used

 One of the goals of punishment is equity  Equity- sanction designed to compensate victims and society for the losses caused by crime;restitution  Wergild- during the Middle Ages, the compensation paid to the victim by a defendant found guilty of a crime  One of the goals of punishment is equity  Equity- sanction designed to compensate victims and society for the losses caused by crime;restitution  Wergild- during the Middle Ages, the compensation paid to the victim by a defendant found guilty of a crime

Imposing the sentence  Generally imposed by the judge  Sentencing is one of the most crucial functions of judgeship  When an accused person is convicted of one or more charges, he must be sentenced on each charge  Consecutive sentence- Incarceration for more than one offense such that each sentence begins only after the previous one has been completed  Concurrent sentence- Incarceration for more than one offense such that all sentences begin on the same day and are completed after the longest term has been served  Generally imposed by the judge  Sentencing is one of the most crucial functions of judgeship  When an accused person is convicted of one or more charges, he must be sentenced on each charge  Consecutive sentence- Incarceration for more than one offense such that each sentence begins only after the previous one has been completed  Concurrent sentence- Incarceration for more than one offense such that all sentences begin on the same day and are completed after the longest term has been served

 Determinate Sentences- a fixed term of incarceration  Good time- Reduction of a prison sentence by a specified amount in a exchange for good behavior within he institution  Structured Sentences  Determinate Sentences- a fixed term of incarceration  Good time- Reduction of a prison sentence by a specified amount in a exchange for good behavior within he institution  Structured Sentences

Percent of convicted felons who received a prison sentence 2000

What factors affect sentencing?  The severity of the offense  The offender’s prior criminal record  Whether the offender used violence  Whether the offender used weapons  Whether crime was committed for money  The severity of the offense  The offender’s prior criminal record  Whether the offender used violence  Whether the offender used weapons  Whether crime was committed for money

Capital punishment  Most severe sentence used in the United States  14,500 confirmed executions have been carried out in America under civil authority in 1608  Most of these execution were for rape and murder  Death penalty for murder is used in 38 states and by the federal government  More than 3,500 people currently are on death row  California has the most people on death row  Texas executes the most year or almost half the total executions  Most severe sentence used in the United States  14,500 confirmed executions have been carried out in America under civil authority in 1608  Most of these execution were for rape and murder  Death penalty for murder is used in 38 states and by the federal government  More than 3,500 people currently are on death row  California has the most people on death row  Texas executes the most year or almost half the total executions

Arguments for the death penalty  Incapacitation  Deterrent  Morally correct  Proportional  Reflects public opinion  Unlikely chance of error  Incapacitation  Deterrent  Morally correct  Proportional  Reflects public opinion  Unlikely chance of error

Arguments against the death penalty  Possibility of error  Unfair use of discretion  Vicious criminals often go free  Misplaced vengeance  No deterrent effect  Hope of rehabilitation  Racial, gender, and other bias  Causes more crime and it deters  Brutality  Expense  Possibility of error  Unfair use of discretion  Vicious criminals often go free  Misplaced vengeance  No deterrent effect  Hope of rehabilitation  Racial, gender, and other bias  Causes more crime and it deters  Brutality  Expense