1. Sentencing and the Correctional Process
Chapter 3
Sentencing and the Correctional Process

2. Goals and Philosophy of Punishment
General deterrence
Specific deterrence
Incapacitation
Rehabilitation
Retribution/Just Deserts
Restorative Justice
Equity/Restitution

3. Imposing the Sentence Concurrent versus consecutive sentences
Concurrent: one or more sentences imposed at the same time and served simultaneously
Consecutive: one or more sentences imposed at the same time and served one after the other
The effect of good time
Judges take into account reduction in confinement time due to “good behavior”

4. Sentencing Sanctions
Sanctions available to judges vary by jurisdiction
Generally include: diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison and the death penalty
The responsibility of the judge is to weigh costs and benefits to defendant and society

5. Sentencing Models Indeterminate sentences
The treatment should fit the offender
Once determined rehabilitated, the offender is released on parole
Criticized as opening the door to disparity
More than 30 states employ indeterminate sentencing

6. Sentencing Models Determinate sentences
Defendant is sentenced to a fixed term
Determinate Sentencing Law (1977)
Determinate sentencing reform has been implemented in 12 states

7. Sentencing Models Structured sentences
Regulate sentence length and curb judicial discretion
The first four states to implement presumptive sentencing guidelines were Minnesota, Washington, Pennsylvania, Florida
About 20 states and the federal government utilize sentencing guidelines

8. Sentencing Models Sentencing Reform Act of 1984
Evaluations of Sentencing Guidelines
Concerns include complexity, bias, and harshness towards offenders
Legality of Sentencing Guidelines
Blakely v. Washington (2004)
United States v. Booker (2005)

9. Sentencing Models Mandatory minimum sentences Three strikes laws
Purpose is to equalize treatment of offenders who have committed the same offense
Three strikes laws
Requires harsher sentence for those convicted of third or higher-order felony
Truth-in-sentencing
Requires offenders to serve 85% of their sentences

10. How People are Sentenced
A recent survey revealed that more than one million adults are convicted of felonies each year
About two thirds of all felons convicted in state court are sentenced to confinement either in prison or jail
The remaining third are sentenced straight to probation
36 percent of convicted felons are also ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or comply with some other penalty

11. Issues in Sentencing Excessive length of sentences
Non-Legal factors affecting sentencing
Severity of offense
Offender’s prior record
Offender’s use of weapon
Offender’s use of violence
Crime committed for money

12. Issues in Sentencing Contextual factors Social class Gender Age
Victim characteristics

13. Issues in Sentencing Racial disparities of sentencing
Long history of disparity but perhaps not linear
Some crimes (such as drugs) show minorities sentenced more harshly
Minority defendants receive harsher punishment if their victims are white
Social status may influence sentencing