1. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-1 Chapter 16 Sentencing This chapter examines the sentencing process including: Prohibitions against cruel and unusual punishments Various types of punishment Differences between the punishments Probation Rehabilitation Suspended sentences

2. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-2 History of Punishment Revenge by the clan Blood Feud Protection within a church Banishment Imprisonment as punishment American invention

3. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-3 Sentencing Probably the most complex part of a trial Pretrial report Some states allow defendant to elect sentencing by jury. In most states, trial judge does the sentencing Sentences when convicted on multiple convictions may run consecutively or concurrently.

4. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-4 Types of Sentences Definite Fixed term Inflexible Indefinite Indeterminate term Actual term decided by correctional administrators

5. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-5 Suspended Sentences Used in early England Presently used in American courts Offender may be required to serve some time prior to suspension If offender commits new crimes, he or she may be sentenced on the suspended sentence in addition to the new punishment

6. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-6 Probation Form of clemency No inherent right to probation Trial judge has wide discretion regarding the use of probation Judge may place an individual on probation without sentencing him or her, or the judge may impose a sentence and then put the person on probation

7. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-7 Conditions of Probation A contract between the defendant and the court Generally must agree to search without probable cause Must abide by certain requirements placed on the defendant by the probation officer

8. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-8 Death Penalty Is it cruel and unusual? Gregg v. Georgia Mandatory death penalty for commission of certain crimes is cruel and unusual–Woodson v. North Carolina Alternate sentencing procedure must be followed prior

9. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-9 Coker v. Georgia Death penalty excessive for the crime of rape Bright line between murder and all rapes regardless of the degree of brutality involved

10. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 16-10 Williams v. Illinois Imprisoning an indigent defendant because he or she cannot pay the fine is in violation of the Due Process Clause of the Fourteenth Amendment.