1. Punishment & Sentencing Amy Getsch Crime and Justice

2. I. Philosophies for Punishment A. Incapicitation (lock ‘em) 1. No more threat to society 2. Take away criminal ability B. Deterrence (stop ‘em) future 1. Prevent future crimes 2. Set an example (cost/benefit analysis) C. Rehabilitation (fix ‘em) 1. Treat and cure (drug treatment, etc.) D. Retribution (get ‘em) 1. Get even 2. Punishment fits the crime

3. II. Forms of Sentencing A. Interdeterminate sentencing 1. Judge determines minimum and maximum terms for imprisonment 2. When minimum is reached – person is eligible for parole B. Determinate sentencing 1. Fixed sentencing 2. Offender serves an exact amount (usually cannot be reduced)

4. II. Forms of Sentencing (continued) C. Truth-in-sentencing 1. For certain crimes, you have to serve at least 85 % of sentence 2. Part of “get-tough” movement D. Good time 1. Reduction in time served by prisoners based on their good behavior 2. Not used as often as it was in the past

6. III. Forms of Punishment A. Capital Punishment 1. The death penalty (38 states & the federal govt) 2. 1 st degree murder, murder of a police officer 3. Electric chair, lethal injection, firing squad B. Imprisonment 1. Very common 2. Jails and prisons 3. Overcrowding and budget problems

7. III. Forms of Punishment (continued) C. Probation 1. A community punishment 2. Eases prison overcrowding 3. Electronic monitoring, house arrests, boot camps, etc. D. Fines 1. Mostly for minor crimes and drug cases 2. Part of salary or income in other countries

9. III. Forms of Punishment (continued) E. Community Service 1. Cleaning up litter on roads, painting, landscaping, etc. F. Restorative Justice 1. Apologize, show remorse, admit your faults G. Shame Punishment 1. Newest form 2. Shoplifters, sex offenders

10. IV. Sentencing Decisions A. Sentencing Disparity A. Crack v. cocaine possession (5. g v. 500 g.) B. Sentencing Guidelines C. Judges consider: Seriousness of offense, criminal history, employment, victims D. Mandatory Sentencing/Repeat Offender Laws A. Specific crimes B. Long sentences C. Ex: three strikes