1. Sentencing

2. Sentencing Options
Final phase of criminal justice process begins w/ sentencing Sentencing determined by judge (or in a few states, the jury) Most criminal statutes set out sentencing structure, but judge usually has much freedom in determining type, length, & conditions of sentence

3. Suspended Sentence
Sentence is given but does not have to be served at time it is imposed
HOWEVER, defendant may have to serve the time later if he/she…
is rearrested on another charge
violates condition of probation

4. Probation Defendant is released to supervision of probation officer
Certain conditions apply:
Getting a job
Staying drug-free
Not traveling outside of area during probation

5. Home Confinement Defendant is sentenced to serve term at home
Can only leave home for essential purposes:
Work
School
Doctor’s appointment
Defendant sometimes required to wear electronic monitoring device

6. Fine Defendant must pay gov’t amount of money determined by the court
Ex: Traffic violations

7. Restitution
Defendant required to pay back or make up for losses or injuries caused to the victim of crime

8. Work Release
Defendant is allowed to work in the community but must return to prison at night or on weekends

9. Imprisonment Defendant is sentenced to a term in jail or prison
Can be definite
Ex: 2 years
Can be indefinite (listed at minimum and maximum term)
Ex: Not less than 3 years nor more than 10 years

10. Capital Punishment Defendant is sentenced to die for his/her crime.
Available in some states, but not others
Reserved for most heinous of crimes
2-Part Trial:
One decides guilt or innocence. The other decides whether the death penalty is appropriate
Aggravating and mitigating circumstances considered

11. Capital Punishment Used to be used for murder and rape
SCOTUS held death penalty unconstitutional punishment for crime of rape
2014: 3,000 inmates on death row
2015: 32 U.S. states could face death penalty

12. Sentencing Considerations
Judge’s theory regarding corrections
Most states authorize presentence report. Includes…
Context of offense
Defendant’s criminal record
Defendant’s social, medical, educational, & employment background
Recommended sentence
May also describe harm to victim

13. Criticisms of sentencing process
Critics say system gives too much discretion to judge
Two people that commit same crime may be given very different sentences
U.S. passed new sentencing guidelines in 1988
Limits discretion of judges
Only advisory, not mandatory

14. Purposes of Punishment
Retribution
“An eye for an eye…”
Revenge
Deterrence
Discourages others from committing the crime in the future
Rehabilitation
Helping convicted change their behavior so they can lead useful and productive lives after release
Incapacitation
Separating criminals from the rest of society

15. Parole
Release of a convicted person before his or her entire sentence has been served
May be available…
after serving a minimum sentence
after serving a percentage of a sentence
Parole boards
7 million people current out on parole
2% of all U.S. adults