Punishment & Sentencing Chapter 10 in Your Textbook John Massey Criminal Justice

Philosophies for Punishment Four basic philosophies Four basic philosophies 1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution 1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution Incapicitation Incapicitation Offenders can no longer pose a threat to society Offenders can no longer pose a threat to society Take away criminal ability Take away criminal ability Remove from community = reduce criminal opportunity Remove from community = reduce criminal opportunity Deterrence Deterrence Prevent future crimes Prevent future crimes Setting an example (cost/benefit analysis) Setting an example (cost/benefit analysis) General and Specific Deterrence General and Specific Deterrence Rehabilitation Rehabilitation Do not just punish Do not just punish Treat and cure (drug treatment, etc.) Treat and cure (drug treatment, etc.) Retribution Retribution Eye for an eye Eye for an eye Punishment should be proportional to crime committed Punishment should be proportional to crime committed

Forms of Sentencing Intedeterminate, Determinate, Truth-In-Sentencing Intedeterminate, Determinate, Truth-In-Sentencing Interdeterminate sentencing Interdeterminate sentencing Judge determines minimum and maximum terms for imprisonment Judge determines minimum and maximum terms for imprisonment When minimum is reached – person is eligible for parole When minimum is reached – person is eligible for parole Determinate sentencing Determinate sentencing Fixed sentencing Fixed sentencing Offender serves an exact amount (usually cannot be reduced) Offender serves an exact amount (usually cannot be reduced) Truth-in-sentencing Truth-in-sentencing Requires those convicted of certain crimes to serve at least 85 % of sentence Requires those convicted of certain crimes to serve at least 85 % of sentence Part of “get-tough” movement Part of “get-tough” movement Good time Good time Reduction in time served by prisoners based on their good behavior Reduction in time served by prisoners based on their good behavior Not used as often as it was in the past Not used as often as it was in the past

Forms of Punishment Different ways to punish our criminals Different ways to punish our criminals Capital Punishment Capital Punishment The death penalty (38 states and the federal govt.) The death penalty (38 states and the federal govt.) 1 st degree murder, murder of a police officer 1 st degree murder, murder of a police officer Electric chair, lethal injection, firing squad Electric chair, lethal injection, firing squad Imprisonment Imprisonment Very common Very common Jails and prisons Jails and prisons Overcrowding and budget problems Overcrowding and budget problems Probation Probation A Community Sanction A Community Sanction Eases overcrowding Eases overcrowding Electronic monitoring, house arrests, boot camps, etc. Electronic monitoring, house arrests, boot camps, etc. Fines Fines Yet to catch on in the U.S. Yet to catch on in the U.S. Some minor crimes and drug cases Some minor crimes and drug cases Part of salary or income in other countries Part of salary or income in other countries

Forms of Punishment Restitution and Community Service Restitution and Community Service Reparations to injured party Reparations to injured party Pay victims of a crime for “damages” Pay victims of a crime for “damages” Cleaning up litter on roads, painting, landscaping, etc. Cleaning up litter on roads, painting, landscaping, etc. Restorative Justice Restorative Justice Apologize, show remorse, admit your faults Apologize, show remorse, admit your faults Shame Punishment Shame Punishment Newest form Newest form Shoplifters, sex offenders Shoplifters, sex offenders

Sentencing Decisions Seriousness of offense Seriousness of offense Criminal history Criminal history Employment Employment Victims Victims Sentencing Disparity Sentencing Disparity Crack v. cocaine possession (5. g v. 500 g.) Crack v. cocaine possession (5. g v. 500 g.) Sentencing Guidelines Sentencing Guidelines Require judges to give determined sentences based on variety of factors Require judges to give determined sentences based on variety of factors Seriousness of crime Seriousness of crime Criminal record Criminal record Mandatory Sentencing/Habitual Offender Laws Mandatory Sentencing/Habitual Offender Laws Specific crimes Specific crimes Long sentences Long sentences Ex: three strikes Ex: three strikes

More on the Death Penalty Legal until 1972 Legal until 1972 Furman v. Georgia (5-4 vote) Furman v. Georgia (5-4 vote) Violated 8 th amendment Violated 8 th amendment Cruel and unusual punishment Cruel and unusual punishment Gregg v. Georgia (1976) Gregg v. Georgia (1976) Think prohibition of alcohol Think prohibition of alcohol Few executions from Few executions from Increase since 1985 Increase since 1985 Slowed up in last few years Slowed up in last few years Technology, DNA, Forensics Technology, DNA, Forensics Texas #1, Virginia #2 Texas #1, Virginia #2 The Death Penalty Debate The Death Penalty Debate Death v. life in prison without the possibility of parole (the question) Death v. life in prison without the possibility of parole (the question)