© 2014 by pearson higher education, inc upper saddle river, new jersey 07458 all rights reserved...

© 2014 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Schmalleger, Criminal Justice: A Brief Introduction, 10e

Chapter 9Sentencing

1


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


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.


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


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

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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


Which model of punishment encourages rehabilitation

through the use of general and relatively unspecific sentences?

1.Consecutive sentence2.Indeterminate sentencing3.Concurrent sentencing4.Determinate sentencing


9.3 Describe the structured sentencing models in use today.

Structured Sentencing

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•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

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•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

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•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


Aggravating circumstances will lessen the sentence.

1. True2. False


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.


9.5Explain the purpose of presentence investigations, presentence investigation reports, and presentencing hearings.

The Presentence Investigation

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•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


The judge prepares the presentence investigation.

1. True2. False


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.


9.7State the arguments for and against capital punishment.

Death: The Ultimate Sanction

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•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:


Fine are most likely to be imposed where the offender has

both a clean record and the ability to pay.

1. True2. False


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


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

© 2014 by pearson higher education, inc upper saddle river, new jersey 07458 all rights reserved...

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