1. 11 Sentencing CHAPTER CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

3. Sentencing *
Even though judges are given leeway in some sentencing models, they CANNOT suspend an entire sentence if the offender commits another crime prior to sentencing.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

4. Sentencing *
Even though sentences are imposed by judicial authority, state and federal legislative bodies specify the appropriate punishments for each statutory offense or class of offense. ** These statutes are called penal codes.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

5. Traditional Sentencing Options *
Imprisonment
Fines
Probation
Death
A modern sentencing option is intermediate sanctions.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

6. Goals of Sentencing CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

7. Goals of Sentencing *
Modern sentencing practices are influenced by five goals:
Retribution
Incapacitation
Deterrence
Rehabilitation
Restoration
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

8. … the act of taking revenge on a perpetrator.
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.” **
Retribution holds offenders personally
responsible; they get their “just deserts.”
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

9. Retribution *** So, in essence, retribution has two philosophies:
- Revenge: “eye for an eye, tooth for a tooth”. (emotional response) **
- Just deserts: “you get what you deserve” or “do the crime, do the time”. (practical response) **
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

10. Incapacitation
…the use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses. (prevent from repeating crime) *
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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

11. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

12. Deterrence * Specific Deterrence * General Deterrence
Seeks to prevent recidivism—repeat offending by convicted offenders.
(Discourages offenders from returning to crime.)
* General Deterrence
Tries to influence the behavior of those who have not yet committed a crime yet may be tempted to. (Public execution might discourage “would be” criminals.)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

13. Rehabilitation
… the attempt to reduce the number of crimes by changing the behavior of offenders. (reform)
Education, training, and counseling are some of
the vehicles used.**
The concept was developed in the 1930s as a
result of the growth of psychology.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

14. 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.
The following are involved:
Counseling
Work programs
Restitution
Compensation for medical bills, lost wages,
personal suffering
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

15. Restoration (cont’d)
Restitution is money or services provided to make up for injuries inflicted upon a victim.
** This is often a problem for offenders because they lack the resources to pay.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

16. Sentencing Indeterminate Determinate (fixed) Two Types:
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

17. Indeterminate Sentencing
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

18. Indeterminate Sentencing
… A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

19. Indeterminate Sentencing **
Indeterminate sentencing allows judges to have a wide range of discretion.
Sentences are often given in a range, i.e., “ten (minimum ) to twenty years (maximum).”
Probation and parole are options.
Degrees of guilt can be taken into account.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

20. Indeterminate Sentencing
The behavior of the offender during incarceration is the main determining factor in release decisions.
Gain time—time deducted from a prison term as a consequence of participation in special projects or program.
Good time—time deducted from prison term as a consequence of good behavior. **
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

21. Bureau of Justice Statistics (1999)
Violent offenders serve only 51%
of their sentences prior to
release.
Non-violent offender serve even
less of their term.
49% of the sentence is served
prior to release for all felonies.
Many early releases have been necessitated by prison
overcrowding.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

22. PERCENTAGE OF SENTENCE TO BE SERVED BY NEW COMMITMENTS TO STATE PRISON
Offense Type
Percentage
Violent 51
Property 46
Drug
Public-order 49
Average for all felonies
Bureau of Justice Statistics (1999)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

23. Criticisms of Indeterminate Sentencing
Indeterminate sentencing gives
inadequate attention to:
Proportionality
Equity
Social debt
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

24. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

25. Structured Sentencing
Flat time sentencing is also structured sentencing because it is a type of determinate sentencing in which parole and good time are not an option. Mandatory sentencing is also a type of determinate sentencing. (Terms from Intro to CJ book)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

26. Determinate Sentencing
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

27. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

28. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

29. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

30. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

31. 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.
These guidelines are developed by sentencing commissions and the sentencing commissions are established by legislatures.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

32. *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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

33. Federal Sentencing Guidelines
Violent Crime Control and Law
Enforcement Act of 1994
provided money to entice states to pass “truth in sentencing” laws
….money to be used for prison construction in those states that complied.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

34. …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.
*** (Typically requires that 85% of the sentence be served.)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

35. Federal Sentencing Guidelines
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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

36. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

37. Mistretta v. U.S. (1989) U.S. Supreme Court held that
Congress had acted appropriately in
establishing the Sentencing
Commission and that the guidelines
could be applied in federal cases
nationwide.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

38. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

39. 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, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

40. Plea Bargaining Under the Guidelines
Of all federal cases, 90% are the result of
guilty pleas, of which the vast majority
are the result of plea negotiations.
Melendez v. U. S. (1996)—judges cannot
accept plea bargains that would have
resulted in sentences lower than the
minimum required by law for a
particular type of offense.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

41. The Legal Environment of Structured Sentencing
Apprendi v. New Jersey (2000)—the U.S. Supreme Court questioned the fact-fining authority of judges in making sentencing decisions. They held that requiring sentencing judges to consider facts not proven to a jury is unconstitutional. This raised the question of whether judges could legitimately deviate from sentencing guidelines….
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

42. Mandatory Sentencing
Mandatory sentences are a form of structured sentencing that allows NO leeway in the sentence required for a crime. (No parole is allowed but use of good time is allowed)
Research suggest that mandatory sentencing results in more selective arrest, charging, and diversion decisions and more trials.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

43. Three Strikes Laws
Some states have “Three Strikes Laws,” which require mandatory sentence when convicted of third felony.
Sometimes such sentences result in what many consider as unduly harsh punishments for marginal offenders who meet the minimum statutory requirement for sentencing under such laws.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

44. Flat Time Sentencing
Even though mandatory sentencing allows use of good time, flat time sentencing does not allow for any reduction in the length of the sentence.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

45. Innovations in Sentencing
Some innovative judges in certain jurisdictions have begun to use the wide discretion in sentencing available to them and impose truly unique sentences.
Many involve shaming.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

46. Presentence Investigation (PSI) Report
Before sentencing, the judge may request information on the background of the convicted defendant.
The PSI Report provides such information.
Typically, these reports are prepared by probation or parole officers.
Three forms of reports: long form, short form, and verbal report.
These include the PSI report writer’s recommendation.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

47. PSI Report
The PSI report typically has a face sheet that contains basic demographics about the defendant.
** The defendant may explain, deny, or challenge information in the PSI report.
The defendant may explain the information in the PSI during the allocution (this is when he/she is allowed to speak before sentence is pronounced).
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

48. Remembering the Victim
Since the 1970s, a grassroots movement has called for greater consideration of victims and their
survivors.
Today, victims’ assistance programs help crime victims understand the system and their legal rights, get counseling, file civil suits, and recoup financial
losses.
Victim rights advocates want to add an amendment to the U.S. Constitution acknowledging the rights of victims to be present and heard throughout the process. 30 states have amended their constitutions.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

49. Victim Compensation
Restorative justice programs emphasize offender accountability and victim reparation. They provide the basis for victim compensation funds.
All states now have legislation providing monetary payments to help certain victims with medical expenses and lost wagers.
The USA PATRIOT Act makes victims of terrorism and their families eligible for victim compensation payments.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

50. 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.
The right to reasonable, accurate, and timely notice of any public proceeding involving the crime, or any release or escape of the accused.
The right to be included in any such public proceeding.
The right to be reasonably heard at any public proceeding involving release, plea, or sentencing.
The right to confer with the federal prosecutor handling the case.
The right to full and timely restitution as provided by law.
The right to proceeding free from unreasonable delay.
The right to be treated with fairness and with respect for the victim’s dignity and privacy.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

51. 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.
** The victim impact statements were previously considered inflammatory and were not allowed.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

52. Modern Sentencing Options

53. Sentencing Sentencing is essentially a risk management
strategy designed to protect the public
while serving the ends of retribution,
incapacitation, deterrence, rehabilitation,
and restoration.
Just as the goals of sentencing vary, so do
the types of sentences. Different goals
mandate different sentences.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

54. Traditional Sanctions
There are four traditional sanctions:
Fines
Probation
Imprisonment
Death
A judge’s discretion to choose the sanction
type varies depending on the structure of
sentencing used within that particular
jurisdiction.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

55. Felony Sentencing in State Courts
Bureau of Justice Statistics, 2004
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

56. Court-ordered Prison Commitments, 1960-2002
Bureau of Justice Statistics, 2004
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

57. Sentencing Options: Imprisonment
Bureau of Justice Statistics (2004) reports:
In 2002, there were 1,051,000 people convicted of felonies in state courts and 63,217 in federal courts.
41% received active prison terms, with an
average length of 4.5 yrs.
28% received jail sentences with an average
length of 7 months.
31% were given straight probation, with an
average sentence of 38 months.
25% were ordered to pay a fine.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

58. Fines Arguments For Arguments Against Too mild of a Lower tax burden
Fill state coffers
Lower tax burden
Deny criminals the
proceeds of their
criminal activity.
Inexpensive to
implement.
Can be made
proportionate to the
severity of the offense.
Arguments Against
Too mild of a
punishment.
Offenders often serve no
time.
Discriminate against the
poor.
Can be difficult to
collect.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

59. Intermediate Sanctions
Intermediate sanctions is a new form of sentencing (modern) that combines traditional sentencing options with new practices such as community service with probation.**
** Other examples are: house arrest and boot camp.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

60. Death Penalty

61. The Death Penalty
Capital punishment means the death penalty. It is the most extreme of all possible sanctions and is reserved only for especially repugnant crimes (known as capital offenses).
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

62. The Extent of Death Penalty Statutes
Capital punishment is a sentencing option is 38 states and the federal government.
States vary considerably with regard to the
number of death sentences given and the
number of executions.
Methods of imposing death vary by state.
Most use legal injection. Electrocution,
hanging, gas chamber, and firing squad are
still on the books as a option in at least one
state.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

63. ** Use of the Death Penalty
Even though 38 states of 50 allow the death penalty for 1st degree murder, some also allow it for 2nd degree murder of specific victims, treason, aggravated rape and kidnapping.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

64. ** Use of Death Penalty
*Those who favor the death penalty generally say that those sentenced to death deserve to be executed based on the premise of “an eye for an eye”. *However, the death penalty is still around because the public opinion is that this penalty incapacitates offenders better than any other; once executed, these offenders will never commit crime again.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

65. U.S. Executions by State 1976-2004
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

66. Death Penalty
Delaware, New Hampshire and Washington are the only 3 states that practice hanging as a method of execution. In Wyoming, if lethal injection is ever ruled to be unconstitutional, lethal gas will be method used for the death penalty.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

67. Offenders on Death Row
On April 1, 2005, there were 3,452 people on death row in the U.S.
98.5% male
46% white
10% Hispanic
42% African American
2% were of other races (mostly Native
American and Pacific Islander)
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

68. Habeas Corpus Review
The average time before execution is 10 years and 11 months. Most of the delay is due to appeals.
All death penalty cases get one automatic
appeal.
Beyond that, inmates can receive more
appeal by filing writs of habeas corpus,
an order directing anyone holding a
prisoner to bring him before a judicial
officer to determine the lawfulness of
the imprisonment.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

69. ** Limiting Appeals
In a move to reduce delays in executions, the U.S. Supreme Court:
Limited the number of appeals (McCleskey
v. Zandt, 1991 & Coleman v. Thompson,
1991). **
Defined standards for further appeals from
death row inmates (Schlup v. Delo, 1995)
Further limitations were instituted by the Antiterrorism and Effective Death Penalty Act of 1996.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

70. **Death Penalty Appeals
The Supreme Court case of Wilkerson v. Utah dealt with the use of shooting or the firing squad as a method of execution.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

71. Abolitionist and Retentionist Positions on Capital Punishment
Arguments for Retention
Revenge—Only after
execution can survivors
begin to heal
psychologically
Just desserts—Some
people deserve to die for
what they did
Protection—Once
executed, the person
cannot commit another
crime
Arguments for Abolition
Has been used on
innocent people and may
be again
Not an effective deterrent
Imposition is arbitrary and discriminatory
Far too expensive
Reduces society to the level of the criminal
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

72. **The Courts and the Death Penalty
Up until 1968, the US Supreme Court predominantly examined capital punishment cases if the issues was the way the death penalty was administered.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

73. ** The Courts and the Death Penalty
U.S. Supreme Court defined cruel and
unusual methods of execution in In re
Kemmler (1890):
“Punishments are cruel when they involve
torture or lingering death; but the punishment
of death is not cruel within the meaning of that
word as used in the Constitution.”
In this case, the courts ruled that electrocution is not unconstitutional.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

74. Furman v. Georgia (1972) “evolving standard of decency”
The Court invalidated Georgia’s death penalty statute on the basis that it allowed a jury unguided discretion in the imposition of a capital sentence.
Georgia, and states with similar statutes,
worked quickly to modify their procedures.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

75. Gregg v. Georgia (1976) The Court upheld the two-step procedure
requirements of Georgia’s new capital
punishment law as necessary for
ensuring the separation of the highly
personal information needed in a
sentencing decision from the kinds of
information reasonably permissible in a
jury trial.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

76. ** Recent Court Challenges
Most recent appeals challenge state’s capital
punishment laws and tend to focus on the
procedures in sentencing decisions.
For example, in Ring v. Arizona, 2002, the US Supreme Court ruled that jurors, not judges, must determine if death is the correct penalty in a capital case.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

77. Recent Court Challenges
Still, most U.S. Supreme Court justices believe in that the “death sentence” is fundamentally constitutional. It is the means of execution and the population of those to be executed (like age and mental inability) that are coming to be questioned.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

78. Death Penalty
One reason a defendant may file an appeal based on legal grounds is for defects in the jury selection. One reason a defendant may file an appeal based on constitutional grounds is for illegal search and seizure.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.

79. ** The Future of the Death Penalty
There is little common ground between death penalty advocates & opponents.
The future of the death penalty likely rests with state legislatures.
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.