Presentation on theme: "AJ 50 – Introduction to Administration of Justice"— Presentation transcript:
1 AJ 50 – Introduction to Administration of Justice Chapter 9 -Sentencing
2 Why Do We Punish Criminals? When does a person learn that breaking the rules = some type of punishment?What is the Penal Code?A book of punishments!If you do this crime, here’s what will happen…“Just Deserts” = A person gets what he/she deservesSentencing = imposing a criminal sanction by the courts
3 Theories of Punishment RetributionTaking revenge against a wrongdoerFollows “Just Deserts” philosophyIncapacitationPreventing criminals from doing more crimes while incarceratedDeterrenceInhibiting criminal behavior through fear of punishment
4 Types of Deterrence Specific Deterrence General Deterrence Focus on the criminal him/herselfPunishment will prevent future criminal acts by this individual wrongdoerGeneral DeterrenceFocus on others in society who may be influenced not to commit crime due to punishment of another individualLearn from another’s mistake
5 Theories of Punishment (continued) RehabilitationAttempt to “cure” or reform the criminal offenderCounseling, education, vocational training, etc.RestorationRestorative JusticeFocus on making the victim “whole” againIncludes restitution and increases participation of victim throughout process
6 Sentencing Concepts Proportionality Equity Social Debt Severity of sanctions should bear a direct relationship to seriousness of crimeEquitySimilar crimes should be punished equitably, regardless of defendant’s social statusSocial DebtLooking at a defendant’s criminal history to determine overall “debt to society”
7 Sentencing Considerations Aggravating CircumstancesNegative actions or behaviors that make the crime worse than normalMay lead to harsher sentenceMitigating CircumstancesPositive actions or behaviors that tend to lessen the “criminality” of a defendantMay lead to lighter sentenceTruth in SentencingFederal guideline calling for close correspondence between sentence imposed and time actually served
8 Indeterminate Sentencing General, unspecified term of sentencing based upon discretion of judgeActual time served depends on inmate’s behavior/progress while incarceratedGain TimeTime deducted for participation in special programsGood TimeTime deducted for good behavior
9 Determinate Sentencing Fixed term, determined by criminal actAllows some flexibility for early-releasePresumptive SentencingAppropriate sentence for criminal offender presumed to fall within legislative guidelines
10 Mandatory SentencingStructured sentencing mandates for specific offenses or habitual offendersCalifornia Three-Strikes Law (1994)Targets “career criminals”Two or more previous convictions for a violent or serious felonies…3x the normal sentence, or25 years-to-life in prison
11 Alternative Sentencing DiversionReferral to treatment/care facility instead of criminal proceedingsOther AlternativesCommunity ServiceDrug/Alcohol, Family CounselingAnger-ManagementPre-Sentence InvestigationsOffender’s backgroundConducted by Probation or ParolePublic-safety considerations?
12 Victims’ Rights Movement All 50 states allow for some type of monetary payments to crime victimsMedical expenses, lost wages, etc.Crime Victims’ Rights Act (1994)Protection from accusedNotification of proceedings, release, etc.Inclusion in proceedingsRestitution
13 The Ultimate Punishment Capital OffenseCriminal offense punishable by deathCapital Punishment = Death PenaltyFederal government and 37 statesWrit of Habeas CorpusDirects detaining authority to bring detainee before a judge to determine lawfulness of imprisonmentHistorically used to delay capital punishmentsUS Executions= 3,859= 1,132CA Executions1930 – 1967 = 2921977 – 2008 = 13
14 Pros and Cons Opposition to Capital Punishment InnocenceDeterrenceDiscriminationExpenseJustifications for Capital PunishmentRevengeJust DesertsProtection and Public SafetyWhat do you think???