Punishment and Sentencing Chapter 11 Punishment and Sentencing

The History of Punishment Historically, people who violated the law were considered morally corrupt and in need of strong discipline Early Greece and Rome The most common state-administered punishment was banishment or exile Learning Objective One - In earlier times, punishment was quite severe. Brutal public punishments, which included beheading and burning, were designed to teach the value of obedience to authority. Even kings, such as Charles I of England, were not immune from execution. Following his conviction on charges of treason during the English Civil War of 1642-1648, Charles was beheaded on January 30, 1649.

The History of Punishment The Middle Ages, People found guilty of crimes faced a wide range of punishment including: Physical torture Branding Whipping Death (for most felony offenses) The main emphasis of criminal law and punishment was on maintaining public order

The History of Punishment The development of the common law in the eleventh century brought some standardization to penal practices Wergild Used to repay the injured party and ensure that a personal crime would not develop into a blood feud and anarchy

The History of Punishment End of the 16th century Many offenders were made to do hard labor for their crimes In England Transporting convicts to the colonies became popular By 1820 Long periods of incarceration in walled institutions called reformatories or penitentiaries began to replace physical punishment in England and the United States

The Goals of Punishment The objectives of criminal sentencing can be grouped into distinct areas: General deterrence Incapacitation Specific deterrence Retribution/Just desert Rehabilitation Equity/restitution Restoration Michael Mele, escorted here in handcuffs, was booked on murder charges in the death of Laura Garza. Mele, who had several sex-offense convictions in New York, pleaded not guilty in the killing of Garza, an aspiring dancer who vanished two years before after leaving a New York City nightclub with Mele.

The Goals of Punishment General Deterrence People should be punished to set an example for others Should be proportionate and fair Effect is less than desired Learning Objectives Two & Three

The Goals of Punishment Incapacitation Preventing crime by keeping offenders under state control Evidence is mixed Other factors that have an influence: Population makeup Police effectiveness Drug use The economy Diminishing effects over time Learning Objectives Two & Three

The Goals of Punishment Specific Deterrence The experience of suffering punishment should inhibit future law violations To convince offenders that the pains of punishment are greater than the potential benefits of crime Mixed results in the research regarding effectiveness Learning Objective Two

The Goals of Punishment Retribution/Just Desert The punishment should fit the crime Those who violate the rights of others deserve to be punished Learning Objectives Two, Three & Four

The Goals of Punishment Rehabilitation The justice system is obligated to help these unfortunate people and not simply punish them for their misdeeds Proper treatment will prevent future crimes Learning Objectives Two & Four

The Goals of Punishment Equity/Restitution The action or practice of awarding each person his/her just due Seeks to compensate individual victims and the general society for their losses due to crime Learning Objective Two - Tony Alamo, founder of Tony Alamo Christian Ministries, is seen leaving a federal courthouse shortly after his restitution hearing in downtown Texarkana, Arkansas, on January 13, 2010. U.S. District Judge Harry Barnes, of the Western District of Arkansas, awarded $500,000 to each of five child-abuse victims for their suffering. A year earlier, Alamo was found guilty on 10 federal counts of child abuse after an investigation turned up evidence of polygamy, underage marriage, and physical and sexual abuse on his 15-acre compound in northeast Texas.

The Goal of Punishment Restoration Defendants may be asked to confront their behavior, the damage they caused the victim, and the shame they brought to their family, friends, and community

Thinking Point Crime and Punishment Which goal of punishment do you believe is the most important? Why? Does it matter what the offense is? Why or why not?

Imposing the Sentence Concurrent Sentences Consecutive Sentences Served at the same time Consecutive Sentences Served one after the other The Effect of Good Time Reduction in sentence for good behavior Learning Objective Five

Consecutive vs. Concurrent Sentences Figure 11.1 Consecutive vs. Concurrent Sentences

Sentencing Models Indeterminate Sentences Determinate Sentences Offenders are placed in confinement only until they are rehabilitated and then released on parole Determinate Sentences A fixed term of years to be served by the offender sentenced to prison for a particular crime Learning Objective Six

Sentencing Models Sentencing Guidelines The Sentencing Grid Regulate the length of determinate sentences Curb judicial discretion Created by sentencing commissions The Sentencing Grid Prior record Current offense Learning Objective Six

Minnesota Sentencing Guidelines Grid Figure 11.2 Minnesota Sentencing Guidelines Grid

Sentencing Models Legal Challenges and Their Impact Apprendi v. New Jersey Blakely v. Washington United States v. Booker Learning Objective Six

Sentencing Models Mandatory Sentences Fixed prison sentence for certain crimes Chronic recidivists Limits judicial discretion Learning Objective Six

Sentencing Models Three Strikes Laws Truth in Sentencing Long prison sentences for any person convicted of three felony offenses Legal controls Truth in Sentencing Require offenders serve a substantial amount of sentence Elimination or reduction of parole and good time Learning Objective Six

Lengths of Felony Sentences Imposed by State Courts

The Association Between Prior Offense Record and Sentencing Outcome Figure 11.3 The Association Between Prior Offense Record and Sentencing Outcome

How People Are Sentenced What Factors Affect Sentencing? The severity of the offense The offender’s prior criminal record Whether the offender used violence Whether the offender used weapons Whether the crime was committed for money Learning Objective Seven

How People Are Sentenced What Factors Affect Sentencing? Social class Gender Age Victim characteristics Race Learning Objective Seven - Martin Caballero’s family (from left, stepson William Cruz, daughter Jessica Caballero, stepdaughter Nancy Cruz, stepson Christian Martinez, and wife Libia Martinez) make a victim impact statement before Judge Michael Donio during sentencing of Craig Arno for the murder of Martin Caballero in Superior Court, Mays Landing, New Jersey, May 24, 2012.

Capital Punishment More than 14,500 confirmed executions have been carried out since 1608 Today there are more than 3200 people on death row In recent years the Supreme Court has limited the death penalty to first-degree murder, and only with aggravating circumstances

Yearly Executions in the United States Figure 11.4 Yearly Executions in the United States

Capital Punishment Arguments for the Death Penalty Incapacitation Deterrence Morally correct Proportional to the crime Reflects public opinion Unlikely chance of error Learning Objectives Eight and Nine - Defense lawyer Kevin Spellacy checks the reaction of Denny Obermiller to hearing a sentence of death pronounced by a three-judge panel in his sentencing on February 25, 2011. Obermiller pleaded guilty to multiple counts of aggravated murder, kidnapping, rape, and other crimes.

Capital Punishment Arguments against the Death Penalty Possibility of error Unfair use of discretion Misplaced vengeance Weak public support Little deterrent effect No hope of rehabilitation Race, gender, and other bias Causes more crime than it deters It is brutal It is expensive Morally wrong Learning Objectives Eight and Nine

Capital Punishment Several prominent cases have created our current understanding of capital punishment: Furman v. Georgia Gregg v. Georgia Ring v. Arizona Atkins v. Virginia Roper v. Simmons Kennedy v. Louisiana Baze v. Rees Learning Objective Ten