1. Sentencing and Punishment Court Systems and Practices

2. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights

3. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Sentencing When people are found guilty of the crime they are accused of, the next phase of the criminal justice system is sentencing There are different types of sentencing options which range from fines, probation, community service, and incarceration 3

4. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Sentencing (continued) Sentencing may be done by a jury or a judge 4

5. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. When Sentencing Occurs Sentencing may occur right away or after the judge has had a presentence report 5

6. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. When Sentencing Occurs (continued) A presentence report is an investigation that may be done by a probation officer between the conviction and sentencing date of a defendant 6

7. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. When Sentencing Occurs (continued) A presentence report includes – The circumstances of the offense – The defendant’s personal history and criminal record – A victim impact statement 7

8. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Presentence Report It is the duty of a good defense attorney to make sure the probation officer hears about positive aspects of the defendant 8

9. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Presentence Report (continued) The probation officer might meet with the defendant to discuss the defendant’s – Presentence report – Version of the criminal act – Reason for the crime – Prior criminal record – Personal and family history – Education and employment history – Health, and potential alcohol and drug abuse – Financial status – Military record 9

10. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Presentence Report (continued) Defendants should be prepared to answer the probation officer’s questions in the most favorable light possible and show remorse for their actions Defendants usually have access to the report but not always to the recommendations made in the report 10

11. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Presentence Report (continued) A defendant’s attorney can do the following during a presentence report to help the case: – Research alternate sentences to suggest to the probation officer – Assist a defendant with finding a job or enrolling in a drug rehab program in order to improve his or her profile – Meet with the probation officer to present helpful information – Prepare a written statement explaining why a defendant should receive a light sentence – Have a private presentence report done for a hefty fee 11

12. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Sentencing Hearing At the sentencing hearing, defendants can have witnesses testify to their good character and rehabilitative efforts Defendants have a right of allocution where they speak on their own behalf before the judge 12

13. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Sentencing Hearing (continued) No one can speak on a defendant’s behalf, but defendants can work with their attorneys beforehand to prepare a statement The punishment has to be within the range that the law has specified for the category of the crime 13

14. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Sentencing Hearing (continued) Defendants may get credit for time served if they were incarcerated before their trial The sentence may take effect right away or at a future time; this is determined by the court 14

15. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Probation Defendants might be eligible for probation Probation is an alternative punishment to incarceration where defendants remain free while meeting certain requirements determined by the judge 15

16. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Probation (continued) When assigning defendants probation, the judge will consider – A defendant’s criminal record – The seriousness and violence of the crime – Whether a defendant is a danger to society – Whether a defendant is willing to make restitution to the victim – What culpability the victim had in the crime 16

17. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Probation (continued) Defendants are responsible for reporting to a probation officer If defendants violate their terms of probation as reported by the probation officer to the court, they will then be incarcerated 17

18. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Probation (continued) Before this occurs, defendants may have a probation revocation hearing where the defense and prosecution will show evidence as to why or why not the defendants should receive the punishment determined by the judge 18

19. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Probation (continued) Defendants are entitled to a written notification of the time, place, and reason for the hearing The burden of proof is less and the judge does not have to follow strict rules of evidence during the hearing 19

20. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Probation (continued) If the violation of probation is a defendant being charged with a new crime, the probation revocation hearing may occur after the trial for that crime Defendants may be able to take a plea deal that covers both the new offense and the probation violation 20

21. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Alternative Sentencing Judges can also hand out various types of sentencing such as community service, fines, retribution, and other innovative types of punishment 21

22. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Appeals If the defendants do not agree with the conviction or the sentence, they can file an appeal to higher court for a new verdict or a new trial These appeals are usually filed by the defense attorney since the defendants must begin serving their sentence 22

23. Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Resources 1413310532, The Criminal Law Handbook: Know Your Rights, Survive the System (11 th Edition) by Paul Bergman, J.D. and Sara J. Berman, J.D. 23