The Purpose, The Process, and the Resulting Inconsistencies

The Purpose of Sentencing

punishment serves two purposes:

1. inflicting suffering on evildoers 2. the prevention of crime.

Retribution

Oldest and most common justification. Relies on principle of just deserts. Not the same as revenge. Revenge implies satisfying the victim. Retribution is more concerned with the needs of society.

Deterrence

1. Seeks to prevent future crimes. 2. Takes two forms. a. General deterrence uses the

punishment of one person to dissuade others from committing the same crime.

b. Specific deterrence assumes that individuals, once punished will be less likely to re-offend.

Incapacitation

1. Incarcerating criminals guarantees that they will not offend while they are incarcerated.

2. To a certain extent, the death penalty is a form of incapacitation.

Rehabilitation

1. Has been seen as most “humane” form of punishment.

2. The rehabilitation model suggests that criminals can be “treated” and possibly “cured.”

Legislative Sentencing Authority Indeterminate Sentencing Determinate Sentencing “Good Time” and Truth in Sentencing

Indeterminate Sentencing

a. Set minimum and maximum amount of time that a person must spend in prison.

b. The parole board decides when the prison should be released.

Determinate Sentencing

a. Fixed sentencing.

b. Offender serves exactly amount of time he/she is sentenced.

“Good Time” and Truth in Sentencing a. All but four states offer

prisoners the opportunity to reduce their sentences by behaving well.

b. Sentence reduction programs promote discipline and reduce overcrowding.

c. Truth-in-sentencing laws require that serious violators serve a majority of their sentences with no time off for good behavior.

Parole

Parole is an early release from custody while remaining under the legal custody and supervision of the state.

Individualized Justice and Judges Forms of Punishment1. Capital PunishmentOption in thirty-eight states and in federal

courts.2. ImprisonmentJudges and legislatures have to take prisonovercrowding into consideration.3. ProbationOffender permitted to live in the community,

undersupervision.

Judge’s Punishment

4.Finesa. Can be used in conjunction with incarceration or

probation.b. Can be used in lieu of incarceration or probation

for offenders not considered a threat to the community.

5.Restitution and Community Servicea. Reparations paid to the injured party.b. May also include community service or good

works.6.Restorative Justicea. For less serious crimes.b. The heart of restorative justice is the apology.c. Focuses more on “healing” the harm.

Factors in Sentencing

The Seriousness of the Crime

a. The primary factor in the judge’s sentencing decision.

b. Some judges consider the “conviction offense.”

c. Other judges sometimes mandated by statute focus on the “real offense.”

Mitigating and Aggravating Circumstances Mitigating circumstances allow a

lighter sentence. Aggravating circumstances lead a

judge to inflict a harsher penalty than otherwise might have been the case.

Judicial Philosophy

Inconsistencies in Sentencing Sentencing Disparity Criminals receive

similar sentences fordifferent crimes of

unequal seriousness. Criminals receive

different sentences for

similar crimes.

Inconsistencies in Sentencing Sentencing Discrimination Sentencing disparities due to

defendant’s:a. Genderb. Racec. Economic standing

Capital Punishment

Methods of Execution 1. Earliest forms of capital punishment

included drawing, quartering and boiling the convict alive.

2. In nineteenth century hanging became the accepted method.

3. 1890s electrocution introduced as a more “humane” method.

4. In 1924, Nevada introduced lethal gas as a more “humane” method.

5. In 1982, Texas became the first state to use lethal injection.

Electric Chair

prisoner is strapped into the chair.

moist sponge is placed on the head to aid conductivity

initial voltage of around 2,000 volts

15 seconds to attempt both to induce unconsciousness and to stop the heart

Lethal Injection

Sodium thiopental: to render the offender unconscious.

Pancuronium/Tubocurarine: to stop all muscle movement except the heart. This causes muscle paralysis, collapse of the diaphragm, and would eventually cause death by asphyxiation.

Potassium chloride: to stop the heart from beating, and thus cause death: see cardiac arrest.

Gas Chamber

Method, when using cyanide First, the execution technician will

place a quantity of potassium cyanide (KCN) pellets into a compartment directly below the chair in the chamber.

The condemned person is then brought into the chamber and strapped into the chair

the airtight chamber is sealed. At this point

the execution technician will pour a quantity of concentrated sulfuric acid

The curtain is then opened, allowing the witnesses to observe the inside of the chamber.

Throw a switch/lever to cause the cyanide pellets to drop into the sulfuric acid, initiating a chemical reaction that generates hydrogen cyanide (HCN) gas:

Debating the Sentence of Death Incapacitation Capital punishment is argued as the

ultimate form of incapacitation. many social scientists claim there is

little in the way of statistical support for the deterrence argument.

Death Penalty

Fallibility Incapacitation

argument rests on: a. Assumption

that every convicted murderer is likely to recidivate.

b. Assumption that the criminal justice system is infallible.

Statistics

Comparing number of known murders the chances of a murderer being executed are approximately 1,000 to 1.

Two-thirds of the 4,578 death sentences issued between 1973 and 1995 have been reversed.

Six states, Florida, Louisiana, Missouri, Oklahoma, Texas and Virginia account for nearly two-thirds of all executions.