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© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Schmalleger, Criminal Justice: A Brief Introduction, 10e
Chapter 9Sentencing
1
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
9.1
9.2
9.3
9.4
Describe the structured sentencing models in use today.
Define indeterminate sentencing, including its purpose.
Describe the five goals of contemporary criminal sentencing.
Describe alternative sentences, fines, diversion, and offender registries.
CHAPTER OBJECTIVES
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
9.7 State the arguments for and against capital punishment.
CHAPTER OBJECTIVES
9.5 Explain the purpose of presentence investigations, presentence investigation reports, and presentencing hearings.
9.6 The four traditional sentencing options are fines, probation, incarceration, and in the most heinous of offenses, death
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.1Describe the five goals of contemporary criminal sentencing.
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
9.1
Table 9-1
Retribution
6
• The act of taking revenge on a criminal perpetrator
• The earliest-known rationale for punishment• Corresponds to the model of sentencing
called just deserts
• Just deserts– A model of criminal sentencing that holds
that criminal offenders deserve the punishment they receive
– The primary sentencing tool of the just deserts model is imprisonment
9.1
Incapacitation
7
• The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
• Seeks to protect innocent members of society
• Separates offenders from the community to reduce opportunities for further criminality
• Incapacitation requires only restraint, not punishment
9.1
Deterrence9.1
General Deterrence
Specific Deterrencevs.
Deterrence
9
9.1General Deterrence•A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced
•Overall goal is crime prevention•Deterrence is compatible with the goal of incapacitation•Retribution is oriented toward the past; deterrence is a strategy for the future and aims to prevent new crimes
Deterrence
10
9.1Specific Deterrence•A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality•Aims to reduce the likelihood of recidivism
Rehabilitation
11
9.1Rehabilitation•The attempt to reform a criminal offender•Seeks to bring about fundamental changes in offenders and their behavior•Fell victim in the 1970s to the nothing-works doctrine
•With as many former convicted offenders returning to crime following release from a prison-based treatment program, incapacitation grew more appealing (For example, see Lawrence W. Sherman et al., Preventing Crime: What Works, What Doesn’t, What’s Promising (Washington, DC: National Institute of Justice, 1997)
Restoration
12
• Restoration– A goal of criminal sentencing that
attempts to make the victim “whole” again
• Restorative justice– A sentencing model that builds on
restitution and community participation in an attempt to make amends to the victim
– Community-focused– Primary goal is improving the quality of life
for all members of the community
9.1
Knowledge Check Question!!!9.1
Which sentencing goal is the act of taking revenge on a criminal
perpetrator?1. Rehabilitation2. Retribution3. Deterrence4. Incapacitation
Knowledge check Question!!!9.1
Which sentencing goal seeks to address the damage by making the victim and the community “whole
again”?1. Rehabilitation2. Deterrence3. Retribution4. Restoration
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.2 Describe indeterminate sentencing, including its purpose.
Indeterminate Sentencing
16
• Indeterminate sentencing– A model of criminal punishment that encourages
rehabilitation through the use of general and relatively unspecific sentences
– Relies heavily on judges’ discretion to choose among types of sanctions and to set upper and lower limits on the length of prison stays
• The indeterminate model was created to take into consideration differences in the degree of guilt
• The inmate’s behavior while incarcerated is the primary determinant of the amount of time served
9.2
Indeterminate Sentencing9.2
Consecutive SentenceServed one after the
other
Concurrent Sentence
Two or more sentences served at
the same time
vs.
Critiques of Indeterminate Sentencing
18
9.2• Since the 1970s, the model has been
criticized for contributing to inequality in sentencing
• Also criticized for perpetuating a system under which offenders might be sentenced more on the basis of personal and social characteristics than on culpability
• Tends to produce dishonesty in sentencing
Critiques of Indeterminate Sentencing9.2
Gain TimeThe amount of time
deducted from prison time on a given sentence as a
consequence of participation in special projects or programs
Good TimeThe amount of time
deducted from prison time on a given sentence as a
consequence of good behavior
19
Knowledge Check Question!!!9.2
Which model of punishment encourages rehabilitation
through the use of general and relatively unspecific sentences?
1.Consecutive sentence2.Indeterminate sentencing3.Concurrent sentencing4.Determinate sentencing
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.3 Describe the structured sentencing models in use today.
Structured Sentencing
22
•Critics of indeterminate model called for the recognition of three fundamental sentencing principles:
– Proportionality– Equity– Social debt
•Structured sentencing– A model of criminal punishment that includes
determinate and commission-created presumptive sentencing schemes
– Typically relying on a quantitative scoring instrument
– Not voluntary/advisory in that judges had to adhere to the sentencing system or provide a written rationale for departing from it
9.3
Structured Sentencing
23
•Determinate sentencing– A model of criminal punishment in which
an offender is given a fixed term of imprisonment that may be reduced by good time or gain time
– Also specifies an anticipated release date
•Presumptive sentencing– Developed by a sentencing commission
rather than state legislature– Explicit and highly structured
9.3
Structured Sentencing9.3
Aggravating Circumstanc
esCircumstances relating to
the commission of a crime that make it more grave than the average instance of that crime
Mitigating Circumstanc
esCircumstances relating to
the commission of a crime that may be
considered to reduce the blameworthiness of the
offender
vs.
Three Strikes Laws
25
A 2012 review of three-strikes legislation found that 16 states recently modified these laws in response to difficult economic conditions.
• About half of the states have passed three-strikes legislation
• Questions remain about the effectiveness of three-strikes legislation
9.3
Mandatory Sentencing
26
•Mandatory sentencing– A structured sentencing scheme that
allows no leeway in the nature of the sentence imposed
•Diversion– The official suspension of criminal or
juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment
9.3
Knowledge Check Question!!!9.3
Aggravating circumstances will lessen the sentence.
1. True2. False
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.4Describe alternative sentences, fines, diversion, and offender registries.
9.4 Innovations in Sentencing
Alternative Sentencing Options
•With an ever-growing number of cases, innovative judges in certain jurisdictions are using discretionary sentencing to impose truly unique punishments
•We are facing prison overcrowding, high incarceration costs, and the public is calling for retribution
•Other judges have used shaming strategies to deter wrongdoers
Alternative Sentencing9.4
The use of:
•Court-ordered community service•Home detention•Day reporting•Drug treatment•Psychological counseling•Victim-offender programming•Intensive supervision
…in lieu of other, more traditional sanctions, such as imprisonment and fines.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.5Explain the purpose of presentence investigations, presentence investigation reports, and presentencing hearings.
The Presentence Investigation
32
•Presentence investigation (PSI)– The examination of a convicted offender’s
background prior to sentencing
•The presentence investigation report can take one of three forms:
– A detailed written report on the defendant’s personal and criminal history
– An abbreviated written report summarizing the information
– A verbal report to the court
9.5
Knowledge Check Question!!!9.5
The judge prepares the presentence investigation.
1. True2. False
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.6 List the four traditional sentencing options.
Sentencing Rationales9.6
DeathImprisonmentProbationFines
Sentencing is fundamentally a risk-management strategy designed to protect the public while serving the ends of retribution, incapacitation, deterrence, rehabilitation, and restoration.
Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes
9.7State the arguments for and against capital punishment.
Death: The Ultimate Sanction
37
•Capital punishment– The death penalty– Capital punishment is the most extreme of
all sentencing options
•Capital offense– A criminal offense punishable by death
9.7
Justification for Capital Punishment9.7
ProtectionRevengeJust deserts
Three retentionist arguments:
Knowledge Check Question!!!9.6
Fine are most likely to be imposed where the offender has
both a clean record and the ability to pay.
1. True2. False
© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
9.7
Table 9-5
The Future of the Death Penalty
41
A 2010 national poll of 1,500 registered voters conducted for the Death Penalty Information Center showed growing support for alternatives to the death penalty, compared with previous polls
•61% of the majority said they would choose a punishment other than capital punishment for murder•52% life without possibility of parole•9% life with the possibility of parole(Death Penalty Information Center, press release, “Poll Shows Growing Support for Alternatives to the Death Penalty; Capital Punishment Ranked Lowest Among Budget Priorities,” November 16, 2010, http://www.deathpenaltyinfo.org/ pollresults#Graphs)
9.7
Knowledge Check Question!!!9.7
Which U.S. Supreme Court decision ruled the death penalty
unconstitutional?1.Gregg v. Georgia2.Furman v. Georgia3. Wilkerson v. Utah4. None of the above