1. Street Law Ch. 15: The Criminal Justice Process: Sentencing and Corrections

2. Ch. 15 Part 1: Sentencing Key Terms Retribution Deterrence Rehabilitation Incapacitation Parole Capital Punishment Aggravating Circumstances Mitigating Circumstances

3. Ch. 15 Part 1: Arrest: Why Do I Need To Know This? 1.Because the ultimate outcome of any criminal conviction is some form of punishment handed out at the sentencing. 2.Because approximately 3% of all adults in the U.S. are presently on probation, in jail or prison, or on parole. 3.Because if you are the victim of the crime, or the defendant in a criminal case, you will want to know how to influence the criminal sentence.

4. The Criminal Justice Process— Sentencing After the jury determines the guilt or innocence of the defendant, it is up to the judge to sentence the defendant. Sentencing is usually done in a separate part of the trial, usually a few weeks after the guilt has been determined. In California, as in most states, there are judicial guidelines that help determine the punishment that the judge will determine for the defendant. –The U.S. Supreme Court has upheld the use of judicial guidelines even though it limits the discretion of judges to impose a unique sentence based on the trial. –The guidelines limit the variance in punishments that 2 different defendants can receive for the same crime. The guidelines give judges the recommended sentence for high, medium, and low punishments for each crime for which the defendant has been convicted.

5. The Criminal Justice Process— Sentencing In the sentencing phase, the judge will listen to the victims as well as review a presentence report to determine the punishment. The presentence report is prepared by the probation department and contains data on the defendant’s: 1.Offense and the Surrounding Circumstances 2.Past Criminal Behavior 3.Social, Medical, Educational and Employment Background 4.Recommended Sentence The defendant will also have an opportunity to present testimony of remorse (when the defendant apologizes for his/her acts) as well as evidence to show his good character.

6. The Criminal Justice Process— Sentencing After listening to the testimony and the reports, the judge will determine the aggravating factors and the mitigating factors. If the judge determines that there are certain aggravating factors, or that there are more aggravating factors than mitigating factors, then the judge will give the highest sentence. If the judge finds that the mitigating factors outweigh the aggravating factors, then the judge will give the low sentence. If all is balanced, the judge will assign the middle sentence. No matter what, the judge MUST assign a sentence to a defendant who has been found guilty. Finally, if the judge finds that certain facts were present, such as the use of a gun, gang issues, or hate crimes, the judge will assign additional “enhanced” punishments.

7. The Criminal Justice Process— Sentencing A judge can assign any of the following sentences to a defendant or a combination of many of these sentences: 1.Suspended Sentence 2.Probation 3.Home Confinement 4.Fine 5.Restitution 6.Work Release 7.Imprisonment 8.Death Remember, a felony is a crime punishable by more than 1 year in prison and a misdemeanor is a crime punishable by less than a year in prison. Many states have mandatory probation for all felons, such as losing the right to possess a gun or vote. Certain crimes, such as sex offenses have specific probation requirements, such as having to register with the police within 10 days of moving to any new place.

8. The Criminal Justice Process— Sentencing If the defendant is found guilty of multiple counts, the judge must also decide if the punishments will be concurrent or consecutive. If the judge assigns 2 terms of 5 years concurrently, then the defendant will only serve 5 years in prison. –This usually happens when the crimes are relatively minor and happen all at once. If the judge assigns 2 terms of 5 years consecutively, then the defendant will serve 10 years in prison. –This usually happens for more serious or are separate events.

9. The Criminal Justice Process— Three Strikes Law California is one of many states that has a “Three Strikes Law” Under the Three Strikes Law, only certain felonies count as “strikes”. –These must be serious or violent felonies and it is up to the judge to determine if a felony counts as a “strike”. Once a defendant has a “strike” a second felony will result in the usual punishment for the crime being doubled. If a defendant with 2 strikes is convicted of a third felony, regardless of the nature of the felony, the judge must sentence the defendant to a minimum of 25 years to life. A judge can always decide not to “count” a strike during the sentencing, and may do so if there has been a long period (say 15 years) between the first two strikes and the 3 rd strike.

10. Purpose of Punishment There are many theories behind why and how we punish criminals. The main theories are: 1.Retribution 2.Deterrence 3.Rehabilitation 4.Incapacitation Over time each theory has been more popular and less popular leading to the wide range of punishments that happen today. Presently, the public and politicians tend to prefer retribution and incapacitation, so, rehabilitation programs and deterrence programs are not as well supported. –During the 1960s, more of the public held the opposite viewpoints.

11. Parole Many states allow parole to be offered to criminals after they have served a certain amount or percentage of their sentence. –The federal government does not have a parole system. Additionally, prisoners may be rewarded for good behavior by earning a reduction in their total prison time by exhibiting good behavior in prison. Eligibility for parole is a privilege, not a right, so judges can sentence criminals to jail without the possibility of parole. When prisoners are evaluated for parole, they may present evidence of their remorse and changed behavior. The victims can also testify at the parole hearing about the crime. The ultimate determination of whether or not a criminal gets parole is done by the parole board, not a judge, and the board is made up of many people from law enforcement backgrounds.

12. Capital Punishment In the U.S.. capital punishment is very controversial at present. There have been many challenges to it, and at times the U.S. Supreme Court has stopped it from being carried out. Although the U.S. Supreme Court has ruled that the death penalty does not violate the 8 th amendment’s protections, they have looked at many of the concerns about it. The future of the death penalty will always change depending on the political mood of the country and the judges on the U.S. Supreme Court. In California, the death penalty can only be assigned for specific crimes, such as multiple homicides, felony murders, or killing police officers.

13. Ch. 15 Part 2: Corrections Key Terms None

14. Ch. 15 Part 1: Arrest: Why Do I Need To Know This? 1.Because if you are sent to prison, you will lose many of your rights. 2.Because you should know what life is like in prison so that you will choose not to commit crimes that will get you sent to prison.

15. Corrections Once a defendant has been sentenced to jail, the correctional system will do an evaluation of the prisoner to determine which jail to send him/her to. There are multiple different types of jails, and the one that the prisoner will be sent to will be determined by the danger to society and the escape risk presented by the prisoner. A felon does not have to be sent to a prison near his/her home. The main concern is the where in the correctional system the prisoner can best be accomodated.

16. Life Behind Bars Life behind bars is NOT pleasant, especially in a maximum security facility. In prison, prisoners are told: 1.What to Eat 2.When to Eat 3.When they they can Sleep 4.When they can Exercise (if they are allowed to go and exercise) 5.When they may shower Life in prison is very controlled and monitored. –Mail, phone calls, email, and visitors are monitored and screened. –Access to radio, TV, the internet, books, etc. is limited and controlled –Prisoners are constantly monitored, even when going to the bathroom, showering, etc. and the monitoring may be done by sherriffs of the opposite gender. –Prisoners may be separated and segregated throughout the day.

17. Life Behind Bars Additionally, prisoners lose many of their constitutional rights. –For example, they lose portions of their right to free speech. The U.S. Supreme Court has ruled that prisoners still retain the following rights: 1.Freedom from Cruel and Unusual Punishment 2.Freedom of Religion 3.Due Process 4.Medical Treatment 5.Access to Law Libraries and the Courts

18. Prison Overcrowding Since about 1990, most prisons in the United States are overcrowded. –That means that they have more prisoners in them than they were built to house. –In California, the entire penal system has over 150% of its maximum capacity! Building prisons is a very controversial and expensive problem. In California, it costs about $56,000 to build 1 bed in a prison and about $35,000 a year to maintain that prison bed. As a result, we are exploring many alternatives, such as paying private businesses to run prisons. In Arizona, they are running an entire prison in the middle of the desert in old tents!