Criminal Trial Punishment and Sentencing

The trial stage of justice is one of the cornerstones of American freedom.

Criminal Trial How do we insure defendants a fair trial? – Constitutional Rights Right to Confront Witnesses Right to a Jury Trial Right to Counsel Right to Speedy Trial

Criminal Trial Constitutional Rights – Right to Confront Witnesses Sixth Amendment guarantee Right to confront adverse witnesses – Why is this significant?

Criminal Trial Constitutional Rights – Right to a Jury Trial Sixth Amendment guarantee Unanimous Verdict Usually Required in Criminal Trials –Federal criminal trials –All but two states criminal trials Sixth Amendment does not require unanimous verdict

Criminal Trial Constitutional Rights – Right to Counsel Sixth Amendment guarantee Indigent defendants guaranteed counsel if there is a possibility of incarceration Applies to adults and juveniles

Criminal Trial Constitutional Rights – Fair Trial Fifth Amendment guarantee – What constitutes a fair trial?

Criminal Trial Constitutional Rights – Public Trial First Amendment guarantee The public and the press have right to attend trials –Richmond Newspapers vs Commonwealth of VA (1980)

Criminal Trial The Process – Jury Selection (maybe) – Trial – Verdict – Sentence – Appeal (maybe)

Criminal Trial Sentencing: Important Terminology – Suspended Sentence – Indeterminate Sentence – Imposition of Sentence Suspended – Split Sentence

Criminal Trial Sentencing Terminology – Suspended Sentence A punishment imposed and suspended on the condition(s) that an offender abide by agreed upon rules.

Criminal Trial Sentencing Terminology – Indeterminate Sentence A punishment imposed with an open-ended timeframe within which a judge can impose any or all of the statutory maximum sentence for a violation of agreed upon terms.

Criminal Trial Sentencing Terminology – Imposition of Sentence Suspended A punishment imposed with an specific timeframe within which a judge can impose any or all of the statutory maximum sentence for a violation of agreed upon terms.

Criminal Trial Sentencing Terminology – Beyond A Reasonable Doubt

Civil Trial Sentencing Terminology – Preponderance of Evidence

Break Read assignments. Participate in class discussions. Review notes weekly.

Punishment and Sentencing Criminal punishment is complex and controversial. Controversy over punishment involves its nature and extent: Is it discriminatory? (Race, Gender, Class) Is it applied equitably in similar situations? Is prison imposed too often?

Punishment and Sentencing What is punishment? What is criminal sentencing intended to accomplish?

Punishment and Sentencing What is the popular perception of punishment in America? Does imprisonment reduce crime? Does imprisonment reduce crime better than probation? Is is possible that prison contributes to increased crime?

Punishment and Sentencing If prison is no more effective than probation at reducing crime, and prison costs 13 to 18 times more than probation, why is prison used so much?

Punishment and Sentencing General Deterrence Specific Deterrence

Punishment and Sentencing Incapacitation

Punishment and Sentencing Retribution Just Desert – The view that criminals deserve punishment in proportion to the seriousness of their crime

Punishment and Sentencing Rehabilitation

Punishment and Sentencing Equity

Punishment and Sentencing Sentencing authority may be exercised by: – Judge – Jury – Mandated By Statute

Punishment and Sentencing Consecutive Sentence Concurrent Sentence

Punishment and Sentencing Determinate Sentence is characterized by Indeterminate Sentence is characterized by

Punishment and Sentencing Good Time – Is associated with Indeterminate Sentencing

Punishment and Sentencing What really works in reducing crime? – Arrest and Punishment – Leniency – Probation – Substance Abuse TX

Punishment and Sentencing Sentencing Guidelines – Specify criminal sentences based on crime seriousness and offender background

Punishment and Sentencing Sentencing Patterns – Criminal sentences are decreasing in the average

Punishment and Sentencing Capital Punishment – 38 states and the federal government impose the death penalty – Lethal injection most common method – Demographics More than half the world’s countries abolished the death penalty In 1999: 85% of known executions took place in 5 countries –China, Iran, Saudi Arabia, Democratic Republic of Congo, USA – International human rights treaties prohibit child executions Some countries still execute children (under age 18) –Iran, Nigeria, Pakistan, Saudi Arabia, Yemen, USA –Since 1990: Highest Number USA

Punishment and Sentencing Capital Punishment – Is there racial bias imposing the death penalty? – Is the death penalty cost effective? – Does the death penalty deter crime?

Punishment and Sentencing Capital Punishment – Brutalization Effect The belief that capital punishment creates an atmosphere of brutality, reinforces the view that violence is an appropriate response to provocation, and encourages rather than deters criminal violence

Punishment and Sentencing Race and Sentencing – Is criminal sentencing racially biased?

Punishment and Sentencing End of Quiz #3 Material

Break Read assignments. Participate in class discussions. Review notes weekly.