Sentencing and the Correctional Process Chapter 3 Sentencing and the Correctional Process

Goals and Philosophy of Punishment General deterrence Specific deterrence Incapacitation Rehabilitation Retribution/Just Deserts Restorative Justice Equity/Restitution

Imposing the Sentence Concurrent versus consecutive sentences Concurrent: one or more sentences imposed at the same time and served simultaneously Consecutive: one or more sentences imposed at the same time and served one after the other The effect of good time Judges take into account reduction in confinement time due to “good behavior”

Sentencing Sanctions Sanctions available to judges vary by jurisdiction Generally include: diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison and the death penalty The responsibility of the judge is to weigh costs and benefits to defendant and society

Sentencing Models Indeterminate sentences The treatment should fit the offender Once determined rehabilitated, the offender is released on parole Criticized as opening the door to disparity More than 30 states employ indeterminate sentencing

Sentencing Models Determinate sentences Defendant is sentenced to a fixed term Determinate Sentencing Law (1977) Determinate sentencing reform has been implemented in 12 states

Sentencing Models Structured sentences Regulate sentence length and curb judicial discretion The first four states to implement presumptive sentencing guidelines were Minnesota, Washington, Pennsylvania, Florida About 20 states and the federal government utilize sentencing guidelines

Sentencing Models Sentencing Reform Act of 1984 Evaluations of Sentencing Guidelines Concerns include complexity, bias, and harshness towards offenders Legality of Sentencing Guidelines Blakely v. Washington (2004) United States v. Booker (2005)

Sentencing Models Mandatory minimum sentences Three strikes laws Purpose is to equalize treatment of offenders who have committed the same offense Three strikes laws Requires harsher sentence for those convicted of third or higher-order felony Truth-in-sentencing Requires offenders to serve 85% of their sentences

How People are Sentenced A recent survey revealed that more than one million adults are convicted of felonies each year About two thirds of all felons convicted in state court are sentenced to confinement either in prison or jail The remaining third are sentenced straight to probation 36 percent of convicted felons are also ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other penalty

Issues in Sentencing Excessive length of sentences Non-Legal factors affecting sentencing Severity of offense Offender’s prior record Offender’s use of weapon Offender’s use of violence Crime committed for money

Issues in Sentencing Contextual factors Social class Gender Age Victim characteristics

Issues in Sentencing Racial disparities of sentencing Long history of disparity but perhaps not linear Some crimes (such as drugs) show minorities sentenced more harshly Minority defendants receive harsher punishment if their victims are white Social status may influence sentencing