Chapter 9 Punishment and Sentencing

Learning Objectives Outline the historical development of punishment List the major goals of contemporary sentencing Distinguish among general and specific deterrence, incapacitation, and retribution Compare rehabilitation with just deserts Identify various sentencing models

Learning objectives Explain how sentences are imposed Summarize factors associated with sentencing decisions List the arguments for and against capital punishment Be familiar with the legal issues associated with capital punishment

The History of Punishment The punishment and correction of criminals has changed considerably through the ages reflecting: Custom Economic conditions Religious and political ideals

The History of Punishment Early Greece and Rome Banishment or exile was most common Middle Ages Little governmental control Feudal period Emphasis of criminal law was on maintaining public order Punishments increased in severity Torture, execution, banishment, mutilation, branding, and flogging used on a range of offenses Retribution more important than deterrence

The History of Punishment Public Work and Transportation to Colonies: Sixteenth Century - the rise of the city and overseas colonization provided tremendous markets for manufactured goods and spurned a need for labor Offenders were made to do hard labor for their crimes “Poor laws” replaced torture Workhouses were born in England Convicts transported overseas

The History of Punishment The Rise of the Prison: Late 18th century crime rates rose significantly – a return to physical punishment and increased use of death penalty (350 crimes punishable by death) Jails and workhouses held petty offenders Hard core prisoners held in abandoned ships in England Penitentiaries replaced physical punishment in England and America

The Goals of Modern Sentencing Deterrence Incapacitation Retribution/Just Desert Rehabilitation Equity/Restitution

The Goals of Modern Sentencing Deterrence: General Deterrence Punishing the offender convinces potential offenders not to commit crimes The more certain and severe the punishment, the greater the deterrent effect Specific Deterrence The punishment is greater than the benefits Deters that particular individual from committing a subsequent offense

The Goals of Modern Sentencing Incapacitation: Criminals will not be able to repeat their criminal acts while they are under state control The evidence supporting or negating incapacitation is mixed

The Goals of Modern Sentencing Retribution/Just Desert: The essential purpose of the criminal process is to punish offenders-fairly and justly-in a manner that is proportionate to the gravity of their crimes Sentence should be clear and certain Rehabilitation: Based upon the need to treat criminal offenders Society has failed the offender – therefore the justice system is obligated to help and not simply punish Offenders can be reformed

The Goals of Modern Sentencing Equity/Restitution: Convicted criminals should pay back: Their victims Justice system costs Society for the disruption they caused Repayment to society and the victims by the offender

Sentencing Models States penalize their convicted offenders in different ways: Indeterminate sentences Determinate sentences Mandatory sentences

Sentencing Models Indeterminate Sentences: Most widely used sentencing model in the United States Based on a treatment philosophy which must fit the needs of the offender Specify minimum and maximum terms Can earn time off for good behavior

Sentencing Models Determinate Sentences: Prompted by dissatisfaction with disparity and uncertainty of indeterminate sentencing Utilizes sentencing guidelines: Recommended sentences are based upon the seriousness of the offense and the background of the offender Future of guidelines in question

Sentencing Models Mandatory Sentences: Limits judicial discretion and gets tough on crime May exclude probation or parole May use minimum or maximum terms but most require a fixed prison sentence Have increased the prison populations significantly Three-strikes laws - provides lengthy prison terms for three felony convictions

Sentencing Models Truth In Sentencing: Require offenders to serve a substantial portion of their prison sentence behind bars The act requires an offender serve at least 85 percent of the prison sentence in order to qualify for funding Parole eligibility and good-time credits are restricted or eliminated

Imposing the Sentence Pre-Sentence Investigation Report: Most judges consider pre-sentence investigation reports by the probation department This report is a social and personal history, as well as an evaluation of the defendant’s chances for rehabilitation within the community

Imposing the Sentence Concurrent vs. Consecutive Sentences: Concurrent sentences Serves sentences for two or more crimes at the same time Consecutive sentences Sentences for two or more criminal acts are served one after the other Effects of good time can shorten sentences

Consecutive vs. Concurrent Sentences

Imposing the Sentence The Effect of Good Time: When judges sentence offenders, they consider the effect that the amount of time off for good behavior Good time rates range from 10-15 days per month Some correctional authorities grant earned sentence reductions to inmates who participate in treatment programs

Imposing the Sentence How Are People Sentenced?: The most recent survey found that one million adults are convicted of felonies each year 70 % of all felons convicted in state courts are sentenced to a period of confinement 40 % to state prisons 30 % to local jails Remaining sentenced to probation with no jail or prison

Imposing the Sentence What Factors Affect Sentencing?: Severity of the offense Offender’s prior criminal record Violence involved Weapons involved Financially motivated Social class Gender Age Race Victim characteristics

Lengths of Felony Sentences Imposed By State Courts

Capital Punishment The most severe sentence in the United States More than 14,500 confirmed executions in America since 1608 Arguments for and against the death penalty

Sentence by Prior Record

Capital Punishment Arguments for the Death Penalty: Incapacitation Deterrence Morally Correct Proportional to the Crime Reflects public opinion Unlikely Chances of Error

Capital Punishment Arguments Against the Death Penalty: Possibility of Error Unfair use of Discretion Misplaced Vengeance Weak Public Support No Hope of Rehabilitation Race, Gender, and other Bias Causes More Crime than it Deters Cruel and Inhuman Expensive Morally Wrong

Capital Punishment Legal Issues in Capital Punishment: Furman v. Georgia The Court objected to arbitrary and capricious application Gregg v. Georgia Consider aggravating and mitigating circumstances Ring v. Arizona Jury must impose sentence Atkins v. Virginia May not execute mentally ill Roper v. Simmons Must be 18 years old to be executed

Executions 1930-Present

Death Penalty and Non-Death Penalty States with Executions since 1976