SENTENCING IN NEW YORK STATE

PRESUMPTIVE SENTENCING: Specifies an appropriate or "normal" sentence for each offense to be used as a baseline for a judge when meting out a punishment. The sentence is considered along with other relevant factors (aggravating or mitigating circumstances) in determining the actual sentence.

Examples- the offense was: -especially heinous and cruel. Aggravating Circumstances: make the crime more serious than the average instance of the given type of offense Examples- the offense was: -especially heinous and cruel. -committed with a deadly weapon. -committed for hire. -committed against a law enforcement officer

Aggravating Circumstances: make the crime more serious than the average instance of the given type of offense Mitigating Circumstances: may reduce the blameworthiness of the defendant. Pre-sentence Hearing: the examination of a convicted offender’s background prior to sentencing. Recidivism: the tendency of a convicted criminal to re-offend.

Examples- the defendant: -has no record of criminal conviction Mitigating Circumstances: may reduce the blameworthiness of the defendant. Examples- the defendant: -has no record of criminal conviction -has made substantial or full restitution -acted under strong provocation Pre-sentence Hearing: the examination of a convicted offender’s background prior to sentencing. Recidivism: the tendency of a convicted criminal to re-offend.

Types of Sentencing A) Determinate Sentencing - is the process of a court assigning a set prison term to a convicted offender. B) Indeterminate Sentencing - allows judge to take other factors into account when punishing Ex. Criminal history, attitude, circumstances Criticism- can lead to sentencing disparities Ex. Women get shorter terms Blacks get longer sentences

PAROLE - conditionally released from prison before the expiration of prisoner’s sentence. Supervised by parole officer Must follow conditions of parole.

C) Mandatory Minimums- determines a specific minimum sentence for a specific crime. D) “3 Strikes and You’re Out” Policy- offenders convicted of third felony gets life sentence. E) Truth-in-Sentencing- criminals must serve 85% of sentence before release. **U.S. is a blend of all types depending on state and locality. notes

Percentages of Sentences (NY State) 28% = Local jail 32% = PROBATION 40% = State Prison

ADVANTAGES OF PROBATION DISADVANTAGES OF PROBATION A) Lower Cost Increased Employment C) Restitution (payback) D) Community Support Reduced Risk of criminal socialization DISADVANTAGES OF PROBATION Relative lack of punishment Increased risk to the community Increased Social Costs

SENTENCING GOALS A) Deterrence- assumes people will refrain from crimes fearing the harsh punishment Criticism- 68% of convicts re-offend (recidivism) B) Incapacitation- removing the opportunity to re- offend w/ prison. Criticism- criminals perfect criminal behavior in jail.

C) Retribution- An “eye for an eye” D) Rehabilitation- assumes criminal behavior can be improved w/o punishment Ex. Rehab, mental counseling, education E) Reformation- similar to rehabilitation but adds shame or stigma too. Ex. Scarlet Letter “A” notes

Capital Punishment (a.k.a Death Penalty) A)Pro-Death Penalty Arguments: Eye for Eye Tooth for a Tooth. Ensures they will never commit another crime Deterrent of crime- (make criminals think twice) B)Anti-Death Penalty Arguments: Not a deterrent of crime (criminals don’t care) High cost Wrong to take anyone’s life “Life in prison” is worse

Death Penalty in America Introduced by English colonists George Kendall- first to be executed 1608 (spying; Jamestown, VA) On Crimes and Punishment essay (Cesare Beccaria 1767)- argues there’s no justification for taking one’s life. Thomas Jefferson- introduced bill in VA to use death penalty only for murder and treason. Dr. Benjamin Rush- argues death penalty is not a deterrent!

notes F) Pennsylvania 1834- ends public executions to make d.p. more acceptable. G) States begin ending mandatory d.p. for crimes.

Death Penalty-Eligible Crimes Murder Treason (betraying one’s country) Kidnapping- if victim dies in offender’s custody

Methods Used Lethal injection- used most Electrocution Gas chamber Hanging Firing squad

Clemency- power of public official to prevent a death sentence by lowering punishment. Power to Grant Clemency Governor President (Federal crimes only)

Executions Declining (1999-present)-Why? DNA Testing = exonerations (people being cleared of the crime) States abolishing it

Death Penalty Cases Furman vs. Georgia 1972- suspends death penalty in the U.S.; given too erratically. II. Gregg vs. Georgia 1976- reinstated death penalty only for murder 2-Phase Trials: innocent or guilty & penalty phase

Atkins vs. Virginia 2002- cannot execute the mentally disabled; (cruel/unusual punishment) IV. Roper vs. Simmons 2005- cannot execute a minor (under 18); (cruel & unusual punishment)