Sentencing

Sentencing Options Final phase of criminal justice process begins w/ sentencing Sentencing determined by judge (or in a few states, the jury) Most criminal statutes set out sentencing structure, but judge usually has much freedom in determining type, length, & conditions of sentence

Suspended Sentence Sentence is given but does not have to be served at time it is imposed HOWEVER, defendant may have to serve the time later if he/she… is rearrested on another charge violates condition of probation

Probation Defendant is released to supervision of probation officer Certain conditions apply: Getting a job Staying drug-free Not traveling outside of area during probation

Home Confinement Defendant is sentenced to serve term at home Can only leave home for essential purposes: Work School Doctor’s appointment Defendant sometimes required to wear electronic monitoring device

Fine Defendant must pay gov’t amount of money determined by the court Ex: Traffic violations

Restitution Defendant required to pay back or make up for losses or injuries caused to the victim of crime

Work Release Defendant is allowed to work in the community but must return to prison at night or on weekends

Imprisonment Defendant is sentenced to a term in jail or prison Can be definite Ex: 2 years Can be indefinite (listed at minimum and maximum term) Ex: Not less than 3 years nor more than 10 years

Capital Punishment Defendant is sentenced to die for his/her crime. Available in some states, but not others Reserved for most heinous of crimes 2-Part Trial: One decides guilt or innocence. The other decides whether the death penalty is appropriate Aggravating and mitigating circumstances considered

Capital Punishment Used to be used for murder and rape SCOTUS held death penalty unconstitutional punishment for crime of rape 2014: 3,000 inmates on death row 2015: 32 U.S. states could face death penalty

Sentencing Considerations Judge’s theory regarding corrections Most states authorize presentence report. Includes… Context of offense Defendant’s criminal record Defendant’s social, medical, educational, & employment background Recommended sentence May also describe harm to victim

Criticisms of sentencing process Critics say system gives too much discretion to judge Two people that commit same crime may be given very different sentences U.S. passed new sentencing guidelines in 1988 Limits discretion of judges Only advisory, not mandatory

Purposes of Punishment Retribution “An eye for an eye…” Revenge Deterrence Discourages others from committing the crime in the future Rehabilitation Helping convicted change their behavior so they can lead useful and productive lives after release Incapacitation Separating criminals from the rest of society

Parole Release of a convicted person before his or her entire sentence has been served May be available… after serving a minimum sentence after serving a percentage of a sentence Parole boards 7 million people current out on parole 2% of all U.S. adults