1. © 2015 Cengage Learning Chapter 9 Punishment and Sentencing

2. Learning Outcomes LO1: List and contrast the four basic philosophical reasons for sentencing criminals. LO2: Contrast indeterminate sentencing with determinate sentencing. LO3: Explain some of the reasons why sentencing reform has occurred. LO4: Identify the arguments for and against the use of victim impact statements during sentencing hearings. LO5: Identify the two stages that make up the bifurcated process of death penalty sentencing. © 2015 Cengage Learning

3. LO1 List and contrast the four basic philosophical reasons for sentencing criminals. © 2015 Cengage Learning

4. Sentencing Why Do We Punish Criminals? –Retribution Just deserts—deserved punishment –Deterrence General and Specific –Incapacitation –Rehabilitation © 2015 Cengage Learning

5. Sentencing Why Do We Punish Criminals? –Restorative Justice Provides victims with: –An opportunity to participate in the process –Material reparations –An apology –Restitution AP Photo/Mark Rightmire, Pool © 2015 Cengage Learning

6. CAREERPREP Mediation Specialist Job Description: Complement the standard adjudication of a crime by acting as a third party facilitator between the victim and the offender. Help resolve their conflicts through a face-to-face discussion of the criminal act. Encourage the increased presence of restorative justice in the criminal justice system. What Kind of Training Is Required? No formal licensing or certification process exists for mediators. Rather, training is available through independent mediation programs and mediation organizations. Some colleges and universities offer advanced degrees in conflict management and dispute resolution. Skills required include the ability to communicate, negotiate, solve problems, and analyze difficult situations. Successful mediators are also highly intuitive and able to meet clients’ emotional needs during difficult times. Annual Salary Range? $28,000–$102,200 For additional information, visit: www.voma.org Shutterstock © 2015 Cengage Learning

7. LO2 Contrast determinate and indeterminate sentencing. © 2015 Cengage Learning

8. Sentencing What is the Structure of Sentencing? –Legislative sentencing authority Indeterminate sentencing –Minimum/maximum time incarceration Determinate sentencing –Fixed sentencing “Good time” and truth in sentencing –85% of time must be served –Judicial sentencing authority © 2015 Cengage Learning

9. Figure 9.1 Average Sentence Length and Estimated Time to Be Served in State Prison © Cengage Learning. All Rights Reserved. © 2015 Cengage Learning

10. Sentencing What Role Do Judges Play in Sentencing? –Procedural watchdog –In traditional sentencing hearing, judge has ultimate authority of the state –Judicial discretion © 2015 Cengage Learning

11. LO3 Explain some of the reasons why sentencing reform has occurred. © 2015 Cengage Learning

12. Sentencing Reform What Role Do Judges Play in Sentencing? –Forms of punishment Capital punishment Imprisonment Probation Fines Restitution and community service Apologies AP Photo/Dante Smith/Coshocton Tribune © 2015 Cengage Learning

13. Sentencing Reform What Role Do Judges Play in Sentencing? –The Sentencing Process The presentence investigative report –Compiled by the probation officer to gain a “feel” for the defendant and provide feedback to the judge Sentencing and the jury © 2015 Cengage Learning

14. Sentencing Reform What Role Do Judges Play in Sentencing? –Factors of sentencing: Seriousness of the crime –Mitigating circumstances Factual circumstances that allow for a lighter sentence –Aggravating circumstances Allows the judge a harsher punishment such as prior criminal history © 2015 Cengage Learning

15. Sentencing Reform What are Some Problems with Sentencing? –Sentencing Disparity Similar sentences for different crimes Different sentences for similar crimes Mitigating or aggravating circumstances have a disproportionate effect on sentences © 2015 Cengage Learning

16. Sentencing Reform What Role Do Judges Play in Sentencing? –Sentencing Discrimination Race and sentencing Crack cocaine sentencing Women and sentencing AP Photo/Ann Johansson, file © 2015 Cengage Learning

17. Figure 9.2 Average Maximum Sentences for Selected Crimes in State and Federal Courts © Cengage Learning. All Rights Reserved. © 2015 Cengage Learning

18. Sentencing Reform How have Politicians Tried to “Fix” Sentencing? –Sentencing Guidelines Federal sentencing guidelines Judicial departures –Mandatory Sentencing Guidelines –Habitual offender laws –“Three-strikes” in court Rummel v. Estelle (1980) Lockyer v. Andrade (2003) © 2015 Cengage Learning

19. LO4 Identify the arguments for and against the use of victim impact statements during sentencing hearings. © 2015 Cengage Learning

20. Victim Impact How have Politicians Tried to “Fix” Sentencing? –Victim Impact Evidence Victim Impact Statement Used heavily during death penalty cases © 2015 Cengage Learning

21. LO5 Identify the two stages that make up the bifurcated process of death penalty sentencing. © 2015 Cengage Learning

22. Death Penalty Methods of Execution –Hanging –Gas –Electric Chair –Lethal Injection AP Photo/Virginia Department of Corrections © 2015 Cengage Learning

23. Figure 9.4 Executions in the United States, 1976 to 2012 © Cengage Learning. All Rights Reserved. © 2015 Cengage Learning

24. Death Penalty The Death Penalty and the Supreme Court –Weems v. United States (1910) Cruel and unusual punishment defined by changing society Courts decide regarding physical pain Courts decide regarding psychological pain –Reforming the Death Penalty Furman v. Georgia (1972) Bifurcated system required © 2015 Cengage Learning

25. Death Penalty –Court Approval –The Jury Role Ring v. Arizona (2002) Same jury must be involved in both stages of the trial © 2015 Cengage Learning

26. Figure 9.5 Executions by State, 1976–2012 © Cengage Learning. All Rights Reserved. © 2015 Cengage Learning

27. Death Penalty The Death Penalty and the Supreme Court –Mitigating Circumstances Insanity Mentally Handicapped –Atkins v. Virginia (2002) Age –Roper v. Simmons (2005) © 2015 Cengage Learning