1. Sentencing Guidelines Principles of LPSCS

2. 2 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non- educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights

3. Objective  Identify types of sentencing and sentencing rules  Identify types of sentencing and sentencing rules  Research types of alternative sentencing  Research types of alternative sentencing 3 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

4. Discuss What is the ultimate purpose of our justice system and sentencing? What is the ultimate purpose of our justice system and sentencing? 4 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

5. Rehabilitation- Deterrence based on the premise that criminals can be cured of their problems and criminality and be returned to society. Rehabilitation- Deterrence based on the premise that criminals can be cured of their problems and criminality and be returned to society. 5 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

6. Discuss What were some more primitive forms of sentencing? What were some more primitive forms of sentencing? 6 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

7. Primitive Sentencing Sterilization Sterilization Banishment Banishment Death Death - Firing Squad http://www.foxnews.com/politics/2015/03/24/utah-gov- signs-bill-allowing-firing-squad/ http://www.foxnews.com/politics/2015/03/24/utah-gov- signs-bill-allowing-firing-squad/ 7 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

8. Types of Sentencing Concurrent Concurrent Runs the same duration as another sentence Runs the same duration as another sentence Consecutive Consecutive Sentences run one after another Sentences run one after another Determinate Determinate A specific amount of time is given for an offender to serve A specific amount of time is given for an offender to serve Indeterminate Indeterminate A period of time to serve “not less than” and “not to exceed” a range of punishment A period of time to serve “not less than” and “not to exceed” a range of punishment 8 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

9. Examples A man is convicted of 10 counts of forgery, each count carry's a max sentence of 5 years. The judge orders the man to serve the sentences one after another totaling 50 years in prison. What type of sentencing is this? 9 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

10. Examples A man is convicted of 10 counts of forgery, each count carry's a max sentence of 5 years. The judge orders the man to serve the sentences at the same time, totally 5 years for all 10 counts. What type of sentencing is this? 10 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

11. Types of Sentencing (continued) Deferred Deferred The sentence is postponed to a later date The sentence is postponed to a later date Suspended Suspended Withholding or postponing of the pronouncement or execution of a sentence Withholding or postponing of the pronouncement or execution of a sentence Life Life The convicted person spends the remainder of his or her natural life in prison The convicted person spends the remainder of his or her natural life in prison Mandatory Mandatory The sentence is imposed from a statute that gives no room for discretion. A judge may not suspend or give probation. The sentence is imposed from a statute that gives no room for discretion. A judge may not suspend or give probation. 11 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Prison/Jail Life: http://www.youtube.com/watch?v=J_7HZLuVQVc

12. Examples A man is charged with 20 counts of forgery, the man plea’s guilty or No Contest (doesn’t matter in the case) and is given a period of time of 2 years to complete the following: - No Criminal Citations - 500 Hours Community Service - No drug position/ dirty drug tests - Pay restitution What type of sentencing is this? 12 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

13. Examples A man is convicted of 20 counts of forgery, the man is given a potential sentence of 5 years in prison for his crimes. The sentence will not be served unless within the next 5 years the man violates a condition set forth by the court. What type of sentencing is this? 13 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

14. Sentencing Guidelines- A sentencing model in which crime are classified according to their seriousness and a range of time to be served in mandated for crimes within each category. 14 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

15. Sentencing Guidelines Misdemeanors Misdemeanors Class C: fine not to exceed $500 Class C: fine not to exceed $500 Class B: fine not to exceed $2000 and/or 180 days in jail Class B: fine not to exceed $2000 and/or 180 days in jail Class A: fine not to exceed $4000 and/or up to 1 year in jail Class A: fine not to exceed $4000 and/or up to 1 year in jail 15 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

16. Sentencing Guidelines (continued) Felony Felony State Jail felony (SJF): no less than 180 days but no more than 2 years State Jail felony (SJF): no less than 180 days but no more than 2 years 3 rd Degree: no less than 2 years but no more than 10 years 3 rd Degree: no less than 2 years but no more than 10 years 2 nd Degree: no less than 2 years but no more than 20 years 2 nd Degree: no less than 2 years but no more than 20 years 1 st Degree: no less than 5 years up to 99 years 1 st Degree: no less than 5 years up to 99 years Capital Felony- Death or life with out parole Capital Felony- Death or life with out parole 16 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

17. Man Sentenced to 200 years http://www.kcbd.com/story/27974036/andrews-man- receives-200-year-prison-sentence-for-molestation http://www.kcbd.com/story/27974036/andrews-man- receives-200-year-prison-sentence-for-molestation http://www.kcbd.com/story/27974036/andrews-man- receives-200-year-prison-sentence-for-molestation http://www.kcbd.com/story/27974036/andrews-man- receives-200-year-prison-sentence-for-molestation 17 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

18. Alternative Sentencing Shock probation Shock probation A short amount of incarceration in addition to a period of probation A short amount of incarceration in addition to a period of probation Work release Work release Offenders report to jail during non-work hours Offenders report to jail during non-work hours 18 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Work Release Program: http://www.youtube.com/watch?v=Bg5__EhSiDY

19. Alternative Sentencing (continued) Weekend sentencing Weekend sentencing Offenders report to jail only for a weekend or another designated time Offenders report to jail only for a weekend or another designated time House arrest House arrest The offender is monitored by electronic means and may not leave the house except for certain reasons The offender is monitored by electronic means and may not leave the house except for certain reasons 19 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

20. Alternative Sentencing (continued) Community Service Community Service Required work for a government or non-profit agency without pay Required work for a government or non-profit agency without pay Probation: Probation: Serves the sentence in the community; offenders must abide by the special guidelines Serves the sentence in the community; offenders must abide by the special guidelines 20 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

21. 21 Copyright © Texas Education Agency, 2011. All rights reserved. Texas Probation Statistics Nearly 420,000 men and women are on probation (also called “community supervision”) in Texas, with almost 275,000 on direct supervision (requiring face- to-face contact with a probation officer) The average cost to the state to supervise a probationer is $1.56 per day. This is far cheaper than a prison bed ($51 per day) or jail bed ($59 per day). Ultimately, the cost of 10 days in prison is equal to over 10 months on probation. Women make up 28% of all Texas probationers, with men making up the remaining 72%

22. Alternative Sentencing (continued) Boot camps Boot camps Highly regimented programs styled after the military to instill discipline Highly regimented programs styled after the military to instill discipline Fines Fines Monetary amounts paid to the court in lieu of confinement Monetary amounts paid to the court in lieu of confinement Restitution Restitution Money paid to the victim for damages and suffering Money paid to the victim for damages and suffering 22 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission. Boot Camp: http://www.youtube.com/watch?v=IlZmMQwamIc

23. Alternative Sentencing (continued) “Scarlet-Letter” punishments “Scarlet-Letter” punishments Punishment by shaming Punishment by shaming Example: a judge requires a child molester to put a sign in his front yard stating that he is a sex offender Example: a judge requires a child molester to put a sign in his front yard stating that he is a sex offender 23 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

24. Alternative Sentencing (continued) Diversion The charges are dropped after the person completes a condition such as Drug treatment Sex offender counseling Anger management First offender programs Scared straight 24 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.

25. Activity: Research Alternative Sentencing Read your offender profile Read your offender profile Research one or more forms of alternative sentencing that he/she will be sentenced to complete Research one or more forms of alternative sentencing that he/she will be sentenced to complete Note: It has to apply to his offense (be able to justify it) Note: It has to apply to his offense (be able to justify it) What specific conditions does the offender have to follow? (Set by you, the Judge) In 1 paragraph. What are the benefits of the program for the offender/society? In 1 paragraph. 25 Copyright © Texas Education Agency, 2011. All rights reserved. I will ask a few of you to share, you will turn it in for a grade!!!!

26. Resources http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm #49.08 http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm #49.08 Do an Internet search for the following: Judge refuses to reduce benson in fatal crash Findlaw sentencing Legalmatch types alternative sentencing Cliffnotes types of sentences Concurrent or Consecutive Sentence (LawWebTV) Taylor Thompson gets shock probation Man Escapes from Work Release Program, Arrested in Montgomery Lindsay Lohan Turns Herself in for House Arrest After dirty drug test, suspect gets probation 26 Copyright © Texas Education Agency, 2011. All rights reserved. Images and other multimedia content used with permission.