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Chapter 11SENTENCING AND SANCTIONS
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Purpose of Criminal Sanctions
Criminal Sanctions – A penalty imposed for violating accepted social norms. A sanction may be civil or criminal in nature. Criminal sanctions are either fine, imprisonment, or both.
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Philosophies of Punishment
1. Deterrence
2. Incapacitation3. Retribution4. Rehabilitation5. Restorative Justice
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Philosophies of Punishment
1. Deterrence – to prevent future crime. A painful experience should deter recurring behavior.
Corporal Punishment (inflicting pain) Public Punishment Sterilization
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Would deterrence work on him?
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Philosophies of Punishment
2. Incapacitation – remove from society so criminals are prevented from committing other crimes
Banishment Transportation (Convicts moved
somewhere else) Prison
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Philosophies of Punishment
3. Retribution – punishment because they deserve it. Many cases in a similar fashion to the crime committed.
“an eye for an eye” Death penalty – (Controversial)
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Philosophies of Punishment
4. Rehabilitation – “cure” the offender of criminal behavior
Psychology, medicinal/drug treatment, self-esteem counseling, education
Focus on juvenile crime
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Philosophies of Punishment
5. Restorative Justice – rehabilitating the victim to address the damage done Restitution Community Service Mediation between victims and
criminals
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Sentencing
• The jury determines guilt but the judge sets the punishment.
• Except in capital cases…. where a jury is used in several states.
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Sentencing
All criminal laws passed by state legislature of U.S. Congress must specify a range of punishments a judge can impose.
Misdemeanor – maximum sentence cannot exceed one year
Felony – maximum sentence of life
On average it takes over a year from verdict to sentencing!!!!!
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Sentencing
Pre-sentence Investigation Report – to help judge decide best sentence Previous crimes and convictions
considered Employment, family, and reputation
considered Guilt, remorse, and cooperation Victim impact statement allowed
sometimes
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Look at the example 14
Austin Myers - Ohio
https://www.youtube.com/watch?v=Iykahf4Php0
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https://www.youtube.com/watch?v=Mu2hq9C6vZQ
https://www.youtube.com/watch?v=CLJQPF6UcyU
Death Penalty – To be or not to be?
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Informal Debate
Go to the criminal justice class page.
Open the document titled “Death Penalty Discussion Worksheet”
Email me when finished.
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