The end of the line…. Who decides?  After the jury returns a verdict of guilty either…guilty The judge determines the sentence Or the jury gives a recommendation.

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Presentation transcript:

The end of the line…

Who decides?  After the jury returns a verdict of guilty either…guilty The judge determines the sentence Or the jury gives a recommendation

Does the punishment need to be painful?

Purpose of Punishment: Retribution SSometimes society wants revenge against those who break the law.

Retribution (cont)  For the real bad mamajamas…  Some states (34) and the federal government will kill you.  Lethal Injection Lethal Injection  Electric chair  Gas Chamber  Hanging  Firing squad Firing squad

Pupose of Punishment: Deterrence TThe punishment will, hopefully discourage the offender from committing another crime. AAlso, it will prevent, hopefully, others from committing similar acts.

Purpose of Punishment: Rehabilitation HHelping a convict change their behavior so that they may lead a productive life after release. EEducation DDrug and alcohol rehab AAnger Management

Purpose of Punishment: Incapacitation PPhysically separate the criminal from society for the protection of ALL.

Sentence- without jail time  Suspended sentence- criminal does not have to serve the sentence…yet  Probation- released but must follow conditions such as… Probation Getting a job No drug use Not travelling outside the county or state

Sentence- Monetary  Fine- pay the government an amount of money as punishment  Restitution- pay back the victim for loss or injury Restitution-

Sentence- like jail time  Home Confinement- ordered to serve the sentence at home Can leave for necessary functions, like a job Monitored by tracking braceletsbracelets  Work Release- convict must live at the prison, but can work in the community

Sentence- Imprisonment  Imprisonment- a term in jail or prison “two years” “not less than three but not more than ten”  Sometimes imprisonment is followed by lighter sentences Ex: two years prison followed by six months of probation

Problems with prisons  US prison population largest in world US: 5% of world population but 25% of world’s prison population  1 in 100 US adults is in prison or jail 1 in 100  Prison spending is out of controlcontrol

Problems with prisons  Recidivism – committing an act again after receiving punishment  40-50% of released prisoners commit crimes (often the same crime) again.  Reducing Recidivism Reducing Write down 3 ways that the video shows how recidivism can be reduced.

Problems with prisons  10,000 juveniles in adult prisons in the United Statesjuveniles  But some states have it rightstates

Sentences- Capital Punishment  35 states have the death penaltydeath penalty  Reserved for the most heinous crimes Murder Treason/espionage Terrorism Other crimes which result indirectly in death NOT rape, even the rape of children

Problems with the death penalty  Moral/human rights objection USA, Cuba, and Belarus are the only Western countries with the DP  Financial objection Repeated judicial hearings and appeals

Circumstances  Aggravating Circumstances: Conditions which make the commission of a crime worse Ex: gruesome murder, previous convictions  Mitigating Circumstances: Conditions which lessen the severity of the crime Ex: Defendant was abused by the victim

Rank the following crimes based on which deserves the harshest punishment: Rape Aggravated First Degree Murder Negligent Homicide Armed Robbery Burglary Petty Larceny Sexual Abuse of a Child Kidnapping Treason against the United States government Arson Extortion Embezzlement of $100,000 Second Degree Murder Then, write what you think the sentence should be for each of these crimes. Hold for next class.

The Classification of Routinely Prosecuted Felonies Class A (Life) 1st Degree Intentional Homicide Class B (40 years/20Years Extended Supervision) Attempted 1st Degree Intentional Homicide 1st Degree Reckless Homicide 2nd Degree Intentional Homicide 1st Degree Sexual Assault 1st Degree Sexual Assault of a Child Class C (25 Years/15 Years Extended Supervision) Armed Robbery Arson of Building 2nd Degree Sexual Assault 2nd Degree Sexual Assault of a Child Homicide by Intox. Use of Vehicle (with prior OWI-type conviction)

Class D (15 Years/ 10 Years Extended Supervision) 2nd Degree Reckless Homicide 1st Degree Reckless Injury Homicide by Intox. Use of Vehicle (no prior OWI-type convictions) Class E (10 years/ 5 Years Extended Supervision) Robbery Aggravated Burglary Aggravated Battery Class F 7.5 Years/5 Years Extended Supervision) Burglary 2nd Degree Reckless Injury 1st Degree Recklessly Endangering Injury by Intox.Use of Vehicle

Class G (5 Years/5 Years Extended Supervision) 3rd Degree Sexual Assault 2nd Degree Recklessly Endangering Safety Felon in Possession of Firearm Theft (> $10,000) Receiving Stolen Property (> $10,000) Theft from Person Class H (3 Years/3 Years Extended Supervision) Battery to Law Enforcement Officer Operating Vehicle w/o Owner's Consent ("take & drive") Perjury Felony Escape Felony Bail Jumping False Imprisonment Forgery Theft (> $5,000 but $5,000 but < $10,000)

Class I (1.5 years/2 years Extended Supervision) Arson of Property other than a Building Possession of Burglarious Tools Operating Vehicle w/o Owner's Consent ("drive/operate") Theft (> $2,500 but < $ 5,000) Receiving Stolen Property (> $2,500 but < $ 5,000) Failure to Support (more than 120 days) Possession of Firearm in School Zone