Sentencing and Punishment Chapter 19 Sentencing and Punishment

Sentencing The imposition of a criminal sanction by a judicial authority. Modern sentencing practices are influenced by the following five goals: Retribution Incapacitation Deterrence Rehabilitation Restoration

Sentencing Retribution – something demanded as payment. Proportionality – degree to which a particular punishment matches the seriousness of crime or matches the penalty other offenders have received for the same crime. Capital Crimes – crime which death is permissible punishment. Corporal Punishment – punishment that inflicts pain or injury to a person’s body. General Deterrence – theory that punishment serves to deter others from committing crimes. Penitentiary – prison.

Sentencing Rehabilitation – restoring someone to their former status. Incarceration – imprisonment. Incapacitation – punishment making it impossible for an offender to re-offend.

Contemporary Forms of Criminal Punishment There are a variety of criminal punishment: Monetary Fines For first time offenders Offenders are required to pay back as punishment Forfeiture – sacrifice of ownership or some right as a penalty Incarceration Confinement is generally the only effective way to deal with violent offenders. Prison is an effective incapacitator, but rarely an effective rehabilitator. Boot Camp – program designed to employ a system of discipline like the military. Inmates are generally young, nonviolent offenders who have committed theft, burglary, forgery, and other nonviolent offenses. Probation Conditional release of a convicted criminal in lieu of incarceration.

Contemporary Forms of Criminal Punishment Community service Offenders are required to perform a specified number of hours of service to the community, doing specified tasks. Is required as one of several conditions of probation. Death penalty 38 states currently authorize capital punishment for first-degree murder or other types of aggravated homicide.

The Sentencing Stage of the Criminal Process Presentence Investigation – investigation held before sentencing a convicted criminal to aid the court in determining the appropriate punishment. Presentence Report – report containing the results of a presentence investigation. Sentencing Hearing – hearing held by a trial court before the sentence is pronounced.

The Sentencing Stage of the Criminal Process Suspended Sentence – trial court’s decision to place a defendant on probation or under community control instead of imposing a sentence. Concurrent Sentencing – practice in which a trial court imposes separate sentences to be served at the same time. Consecutive Sentencing – practice in which a trial court imposes a sentence or sentences to be served following completion of a prior sentence or sentences. Victim Impact Evidence – evidence relating to the physical, economic, and psychological impact that a crime has on the victim. Victim Impact Statement – statement read into the record during the sentencing phase of a criminal trial to inform the court about the impact of the crime on the victim.

Approaches to Incarceration Indeterminate Sentencing – criminals are sentenced to prison for indeterminate periods until corrections officials determine that rehabilitation has been accomplished. Definite Sentencing – legislatively determined sentencing with no discretion given to judges or corrections officials to individualize punishment. Determinate Sentencing – process of sentencing whereby the judge sets a fixed term of years within statutory parameters and the offender must serve that term without possibility of early release. Indefinite Sentencing – judge imposes a term of incarceration within statutory parameters, and corrections officials determine actual time served through parole or other means. Mandatory Minimum Sentence – sentence in which the minimum duration of incarceration is specified by law.

Approaches to Incarceration Mandatory Sentencing – trial courts are constrained by law to impose prison terms of certain minimum duration. Habitual Offenders – one who repeatedly commits crimes. Three Strikes and You’re Out – statute that provides for mandatory life imprisonment for a convicted felon who has been previously convicted of two or more serious felonies.

The Rights of Prisoners Good-Time Credit – credit toward early release from prison based on good behavior during confinement. Parole Revocation Hearings – administrative hearing held for the purpose of determining whether an offender’s parole should be revoked.

The Rights of Crime Victims Uniform Victims of Crime Act – law proposed by the Uniform Law Commission designed to provide uniform rights and procedures concerning crime victims.