Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved BOOK COVER Sentencing 11

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Five Goals of Sentencing 1.Retribution  The act of taking revenge on a perpetrator 2.Rehabilitation  Criminals can be “cured” of their criminality and can be returned to society 3.Deterrence  Seeks to inhibit criminal behavior by fear of punishment

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Five Goals of Sentencing 4.Incapacitation  The only way to prevent criminals from reoffending is to remove them from society 5.Restoration  Attempts to make the victim “whole again,” to address damage to the victim and community

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Deterrence General Seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced Specific Seeks to prevent a particular offender from engaging in repeat criminality

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Indeterminate Sentencing A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Indeterminate Sentencing Relies heavily on the judge’s discretion for length of sentence and if there are consecutive or concurrent sentences Based on the belief that convicted offenders are more likely to participate in their own rehabilitation if it will reduce the amount of time they have to spend in prison

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Structured Sentencing A model of criminal punishment that includes determinate and commission- created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines  Proportionality  Equity  Social debt

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Truth in Sentencing Indeterminate sentences Determinate sentences Presumptive sentencing Mandatory sentencing Truth in sentencing

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Sentencing Guidelines Aggravating circumstances  Make the crime more grave than the average instance of that crime  Call for a tougher sentence Mitigating circumstances  May be considered to reduce the blameworthiness of the defendant  Call for a lesser sentence

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Alternative Sentencing Diversion Fines Offender registry Alternative sanctions Home detention Drug treatment Psychological counseling Community service

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Justice Reinvestment A concept that prioritizes the use of alternatives to incarceration for persons convicted of eligible nonviolent offenses Includes efforts to scale back certain harsh sentencing provisions and to reduce returns to prison for probation and parole violations

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Pre-Sentence Investigation Report A report designed to help the judge decide on the appropriate sentence within the limits established by law  Long form  Written form  Verbal report  Prepared by the probation or parole officer

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved High-Risk Factors in a PSI Antisocial personality patterns Procriminal attitudes Social supports for crime Substance abuse Family and marital problems Poor school or work performance Lack of involvement in prosocial activities

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Traditional Sentencing Options Fines Probation Imprisonment Death

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Three-Strikes Laws First passed in California in 1994 Require a sentence of 25 years to life for three-time convicted felons Parole consideration is not available until at least 80% of the sentence has been served About half of all states have enacted a three-strikes law

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Victims’ Rights 1982: President’s Task Force on Victims of Crime California approved Proposition 8, a resolution that called for changes in the state’s constitution to reflect concern for victims The philosophical basis of today’s victims’ movement can be found in the restorative justice model President’s Task Force on Victims of Crime, Final Report (Washington, DC: U.S. Government Printing Office, 1982).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Crime Victims’ Rights Act 1.The right to be reasonably protected from the accused 2.The right to reasonable, accurate, and timely notice of any public proceeding involving the crime or of any release or escape of the accused 3.The right to be included in any such public proceeding 4.The right to be reasonably heard at any public proceeding involving release, plea, or sentencing

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Crime Victims’ Rights Act 5.The right to confer with the federal prosecutor handling the case 6.The right to full and timely restitution as provided by law 7.The right to proceedings free from unreasonable delay 8.The right to be treated with fairness and with respect for the victim’s dignity and privacy U.S. Senate, Republican Policy Committee, Legislative Notice No. 63, April 22, 2004.

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved History of Capital Punishment Since recordkeeping first began in 1608, over 18,800 legal executions have taken place in the United States The legal process through which a death sentence is carried out is fraught with problems Death Penalty Information Center, “State-by-State Death Penalty Information,” (accessed July 12, 2009).

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Capital Punishment Arguments for retention  Revenge  Just deserts  Protection Arguments for abolition  Used on innocent people  Ineffective deterrent  Arbitrary and discriminatory  Expensive

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved