1. CHAPTER 11
Sentencing
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

2. Most sentencing decisions are made by a judge, though in some
Sentencing—the imposition of a criminal sanction by a judicial authority.
Most sentencing decisions are
made by a judge, though in some
cases, especially death-eligible
cases, juries are involved.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

3. Traditional Sentencing Options
Imprisonment
Fines
Probation
Death
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

4. Sentencing Philosophies
Form the basis for various sentencing
strategies.
Are intertwined with issues of religion,
morals, values, and emotions.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

5. Goals of Sentencing Five goals influence modern sentencing practices:
Retribution
Incapacitation
Deterrence
Rehabilitation
Restoration
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

6. Retribution … the act of taking revenge on a perpetrator.
Early punishments were swift and
immediate.
Death and exile were common
punishments.
Retribution follows the Old Testament:
“Eye for an eye.” (Lex Talionis)
Retribution holds offenders personally
responsible; they get their “just deserts.”
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

7. Incapacitation
…the use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses.
In ancient times, mutilation and amputation
were used to incapacitate.
Incapacitation requires restraint, not
punishment.
It is popular in the U.S., as evidenced by the
increase in prison populations. (Some call this the
“lock ‘em up” approach).
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

8. Deterrence
… a goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment.
It demonstrates that crime is not
worthwhile.
Overall goal is crime prevention.
There are two types of deterrence:
Specific
General
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

9. Deterrence Specific Deterrence
Seeks to prevent recidivism—repeat offending by convicted offenders.
General Deterrence
Tries to influence the behavior of those who have not yet committed a crime yet may be tempted to.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

10. Rehabilitation
… the attempt to reduce the number of crimes by changing the behavior of offenders.
Education, training, and counseling are
some of the vehicles used.
The ultimate goal is to reduce the number
of offenses.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

11. Restoration
… a goal of criminal sentencing that attempts to make the victim “whole again.”
Crime is a violation of a person as well as the
state.
Restorative justice addresses the needs of the
victim.
Sentencing options focus primarily on
restitution payments.
Vermont’s Sentencing Options Program uses
reparative probation.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

12. Sentencing Two models: Indeterminate Determinate (fixed)
Different sentencing practices have been
linked to each of the goals of sentencing.
Two models:
Indeterminate
Determinate (fixed)
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

13. Indeterminate Sentencing
… A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

14. Indeterminate Sentencing
Indeterminate sentencing allows judges to have a wide range of discretion.
Sentences are often given in a range, i.e., “ten to twenty years.”
Probation and parole are options.
Degrees of guilt can be taken into account.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

15. Criticisms of Indeterminate Sentencing
Indeterminate sentencing gives
inadequate attention to:
Proportionality
Equity
Social debt
Gain time, good time, and other allowances may result in release even before the lower limit has been served.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

16. Structured Sentencing
Structured sentencing developed, in part, as a response to the disparity in sentencing of the indeterminate model.
Structured sentencing includes:
Determinate sentencing
Voluntary/advisory sentencing
guidelines
Commission-created presumptive
sentencing
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

17. Determinate Sentencing
… A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or earned time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

18. Determinate Sentencing
Offender is given a fixed sentence length.
The sentence can be reduced by “good time.”
The use of parole is eliminated.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

19. Voluntary/Advisory Sentencing Guidelines
Recommended sentencing policies that are not required by law but serve as guides for judges.
“Sentences” are based on past practices.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

20. Commission Based Presumptive Sentencing
… model of punishment that meets the following conditions:
Proper sentence is presumed to fall within the range authorized by sentencing guidelines.
If judges deviate from guidelines, they must provide written justifications.
Sentencing guidelines provide for some review, usually by an appellate court.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

21. Presumptive Sentencing Guidelines
The federal government and 16 states now employ sentencing guidelines.
Guideline jurisdictions generally allow judges to take into account aggravating and mitigating circumstances.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

22. Aggravating and Mitigating Factors
Circumstances
relating to the
commission of a
crime that make it
more grave than the
average instance of
that crime.
Call for a tougher
sentence.
Mitigating
Circumstances
relating to the
commission of a
crime that may be
considered to reduce
the blameworthiness
of the defendant.
Call for a lesser
sentence.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

23. …an important policy focus.
Truth in Sentencing
… a close correspondence between the sentence imposed upon an offender and the actual time served prior to release from prison.
…an important policy focus.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

24. Federal Sentencing Guidelines
The U.S. Sentencing Commission
Established under Sentencing Reform Act of
1984 and took effect in November 1987.
9 member commission set minimum
sentences for certain federal offenses
commission meets yearly to review
guidelines.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

25. Federal Sentencing Guidelines
Purpose of the Guidelines is to:
Limit federal judges’ discretion
Reduce disparity
Promote consistency and uniformity
Increase fairness and equity
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

26. Federal Guideline Provisions
Guidelines specify a sentencing range from
which judges must choose.
Judges may depart from the guidelines in
“atypical” cases.
Aggravating and mitigating circumstances are
taken into consideration.
Guidelines are presented in a matrix-like
sentencing table.
Overlapping levels
Criminal history and offense level determine
sentence
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

27. The career offender receives harsher sentences.
… requires a defendant to:
Be at least 18 at time of offense
Commit a crime of violence or to traffic
in a controlled substance
Have at least two prior felony
convictions for crimes of violence or
trafficking
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

28. Deal v. U.S. (1993)
An offender may be adjudged, and sentenced as, a career criminal in a single hearing.
“We see no reason why the defendant should not receive such a sentence, simply because he managed to evade detection, prosecution, and conviction for the first five offenses and was ultimately tried on all six in a single proceeding.”
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

29. Mandatory Sentencing
Mandatory sentences are a form of structured sentencing that allows NO leeway in the sentence required for a crime.
Takes away judicial discretion
Results in less plea-bargaining and
more trials.
Have led officials to make earlier and
more selective arrest, charging, and
diversion decisions.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

30. Three Strikes Laws
Some states have “Three Strikes Laws,” which require mandatory sentences (sometimes life without parole) when convicted of third serious felony.
The intent is to deter known and potentially violent offenders and to incapacitate repeat criminals for long periods of time.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

31. Innovations in Sentencing
Some judges are paying closer attention to alternative sentencing strategies.
Judges in certain jurisdictions have begun to use the wide discretion in sentencing available to them and impose truly unique sentences, many of which involve shaming.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

32. Presentence Investigation (PSI) Report
PSI Reports provide judges with
the backgrounds on convicted
defendants awaiting sentencing.
Typically, prepared by probation or
parole officers.
Include a sentencing recommendation.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

33. Remembering the Victim
A grassroots movement began in the 1970s.
Today, victims’ assistance programs help victims understand the system and their rights, get counseling, file civil suits, and recoup financial
losses.
Victim rights advocates want to add an amendment to the U.S. Constitution. 30 states have amended their constitutions.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

34. Crime Victims’ Rights Act
The Crime Victims’ Rights Act is part of the Justice
For All Act of It grants victims of federal crimes
the right to:
Be reasonably protected from the accused.
Reasonable, accurate, and timely notice of any public proceeding involving the crime, or any release or escape of the accused.
Be included in any such public proceeding.
Be reasonably heard at any public proceeding involving release, plea, or sentencing.
Confer with the federal prosecutor handling the case.
Full and timely restitution as provided by law.
Proceeding free from unreasonable delay.
Be treated with fairness and with respect for the victim’s dignity and privacy.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458

35. Victim Impact Statements
The victims’ rights movement also called
for the use of victim impact statements
before sentencing. These statements:
Are generally in written form.
Provide descriptions of losses, suffering, and
trauma experienced by victims or their
survivors.
Are designed to help judges make sentencing
decisions.
CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc
by Dr. Frank Schmalleger Pearson Prentice Hall
Upper Saddle River, NJ 07458