Chapter 2 Sentencing and the Correctional Process Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Introduction  Sentencing–imposition of a criminal sanction by a judicial authority  Felony–offense punishable by a year or more of incarceration  Misdemeanor–crime punishable by less than a year

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Pre-Trial Correctional Activities  Diversion from the criminal justice system  Pre-trial diversion–suspension of criminal process while offender is provided a chance to participate in treatment programs  Occurs without a finding of guilty  Usually used for minor offenders or those with no prior record

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Diversion from the Criminal Justice System  Also called "deferred prosecution"  Offenders must follow release conditions  Advantages of diversion programs  Reduce demands on courts  Less costly than criminal justice processing  Offenders avoid stigma of criminal conviction

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Pretrial Diversion  The suspension of criminal process while the offender is provided the chance to participate in treatment programs and void further criminal activity  Also referred to as deferred prosecution or probation without adjudication

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Three advantages:  They reduce the demands on the court and prosecutors to process the case as a criminal activity  They cost considerably less than criminal justice processing  Offenders avoid the stigma associated with a criminal conviction Pre-trial Diversion

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Offenders are detained if considered a flight risk in order to assure appearance in court  Detained if considered dangerous  Preventive detention–detaining the accused in jail to protect the community from crimes offender is likely to commit if released Pre-trial Detention in Jail

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  1984 Comprehensive Crime Control Act officially authorized preventative detention  Criticized for violating due process rights  Strong correlation between being denied bail and conviction Preventive Detention

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  At first appearance bail is considered.  bail–the pledge of money or property in exchange for promise to return to further court proceedings.  History of bail traced to medieval England when jails could not hold offenders for long periods of time. Release from Pre-trial Detention on Bail

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Third parties would offer themselves or money as surety (a person legally liable for conduct of another)  Criticisms of bail  Discriminates against the poor  “Freedom has to be bought”  Financial resources not related to risk Release from Pre-trial Detention on Bail

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Summons–used mainly with misdemeanors  Bond options for felonies  Personal recognizance  Unsecured bond  Percentage bond  Surety bond  Collateral  Third-party custody Alternatives to Bail

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Release on recognizance (ROR)–most frequent release mechanism  Manhattan Bail Project–assist judges in identifying people who were good candidates for ROR  Supervised pre-trial release programs (SPTR)  Gave chance for release for those that were poor candidates for other release mechanisms  Response to concern for the public Pretrial Service Programs

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter The Role of Plea Bargaining and Sentencing  Plea bargaining–agreement of the defendant to enter a plea of guilty in exchange for a reduced sentence  Function of the prosecution and court system, but has implications for corrections and sentencing process

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Pre-Sentencing Correctional Activities  Pre-sentence investigation–report detailing background of offender used in decisionmaking process of sentencing  Prepared by probation officer  Usually completed only on felony offenders

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Purposes of the PSI  Used in sentencing court  Determining supervision needs of offender  Used by prison officials in classification and program needs  Used by parole board in making release decisions  Research purposes

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Pre-sentence Investigation  Collecting Information for the PSI  Interview the offender  Information verified by probation officer  Interview others such as parents and spouses  Search official records (police reports, military records, witness statements)

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Contents of PSI  Personal data  Court information  Release status  Offense information  Victim impact  Criminal history  Offender characteristics  Financial information  Sentencing options  Recommendations

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter The Sentencing Decision  Penal code–a statute passed by legislature listing range of sanctions allowable for each crime  Sentencing options Economic sanctions Intermediate sanctions ProbationShort-term confinement ImprisonmentCapital punishment

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Concurrent sentences–assigned to run at the same time  Consecutive sentences–run one after another Sentencing Options

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Indeterminate sentencing–judges set a minimum and maximum time, with release authority or parole board deciding when offender is released Sentencing Models

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Determinate sentencing–sentences of fixed terms  Good time–concept used in early reform of determinate sentences; time off for good behavior  Truth in sentencing–must complete 85% of the sentence before eligible for release Sentencing Models

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Judicial form of sentencing–judges granted considerable discretion in sentencing decisions  Administrative form of sentencing–grants considerable discretion to officials of the executive branch of government  Legislative form of sentencing–grants most of discretion to legislative branch of government Judicial Discretion in Sentencing

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter  Mandatory minimum sentences–for certain crimes there must be a sentence to prison for a set minimum term  Three-strikes laws–third-time felons are sentenced to long periods of incarceration  Presumptive sentencing–predetermined range of a minimum, average, and maximum term for a specific crime Judicial Discretion in Sentencing

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Sentencing Guidelines  Sentencing guidelines–A system of structured sentences, based on measures of offense severity and criminal history, that is used to determine the length of the term of imprisonment  Combine both minimum mandatory and presumptive sentencing approaches

©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ Corrections: An Introduction, 2/e Seiter Drug Courts: A Creative Sentencing Option  Philosophy is not to punish but to change behavior  Offenders usually diverted from traditional criminal processing  Preliminary evaluations show some success in reducing drug use