1. © 2015 Cengage Learning Chapter 11 Punishment and Sentencing Chapter 11 Punishment and Sentencing © 2015 Cengage Learning

2. Learning Objective 1 List and contrast the four basic philosophical reasons for sentencing criminals AP Photo/Mark Rightmire, Pool

3. © 2015 Cengage Learning The Purpose of Sentencing Philosophical Reasons for Sentencing: – Retribution Wrongdoer has freely chosen to violate society’s rules and must be punished Just deserts- proportioned to the crime – Deterrence- punishment and prevention General- by punishing one person, others will be discouraged from committing an act Specific- an individual after being punished once will not want to punish again

4. © 2015 Cengage Learning The Purpose of Sentencing – Incapacitation Selective- longer sentences for individuals based on propensity to reoffend Collective- all offenders have similar imprisonment for similar criminal activity – Rehabilitation Humane goal of punishment Restorative justice- attempts to repair the damage a crime did to the victim (i.e.. Apology, restitution, monies)

5. © 2015 Cengage Learning Learning Objective 2 Contrast determinate and indeterminate sentencing.

6. © 2015 Cengage Learning The Structure of Sentencing Indeterminate sentencing – Penal codes set a minimum and maximum time that a person must spend in prison – Parole Determinate sentencing – Offender serves exactly the amount sentenced minus “good time”

7. © 2015 Cengage Learning Learning Objective 3 Explain why there is a difference between a sentence imposed by a judge and the actual sentence served by the prisoner. AP Photo/The Fayetteville Observer, Andrew Craft

8. © 2015 Cengage Learning The Structure of Sentencing Three branches of sentencing authority: 1. Legislative sentencing authority Indeterminate sentencing Parole and the Parole Board Determinate sentencing 2. Judicial sentencing authority Good time Truth-in-sentencing law requires 85% of sentence to be served without the use of good behavior 3. Administrative sentencing authority-not released from parole.

9. © 2015 Cengage Learning Learning Objective 4 State who has input into the sentencing decision and list the factors that determine a sentence. AP Photo/Dante Smith/Coshocton Tribune

10. © 2015 Cengage Learning The Structure of Sentencing Forms of Punishment: 1.Capital punishment 2.Imprisonment 3.Probation 4.Fines 5.Restitution and community service 6.Restorative justice

11. © 2015 Cengage Learning The Structure of Sentencing The Sentencing Process: – The presentence investigative report – Recommendations from the prosecutor and defense attorney – The role of the jury in capital cases Factors of sentencing: – Seriousness of the crime – Aggravating and mitigating circumstances – Judicial philosophy

12. © 2015 Cengage Learning The Structure of Sentencing

13. © 2015 Cengage Learning Learning Objective 5 Explain some of the reasons why sentencing reform has occurred. AP Photo/Noah Berger

14. © 2015 Cengage Learning Inconsistencies in Sentencing Three ways disparity occurs: 1.Offenders receive similar sentences for different crimes of unequal seriousness 2.Offenders receive different sentences for similar crimes 3.Mitigating or aggravating circumstances have a disproportionate effect on sentencing

15. © 2015 Cengage Learning Inconsistencies in Sentencing Sentencing Discrimination: – Gender, race, economic standing – The “punishment penalty” Rates of imprisonment rise significantly for those who are young, minority, and unemployed – Women and sentencing Women convicted of crimes are less likely to go to prison than their male counterparts Chivalry effect shows women should be treated more lenient than men

16. © 2015 Cengage Learning Inconsistencies in Sentencing Sentencing guidelines – Requires judges to dispense legislatively determined sentences based on factors such as the seriousness of crime/offenders priors – State sentencing guidelines Minnesota first to include Sentencing Guideline Commission and has become a model for other states – Federal sentencing guidelines Sentencing Reform Act for federal sentencing

17. © 2015 Cengage Learning Inconsistencies in Sentencing Mandatory sentencing guidelines – Limit judge’s power to deviate from determinate sentencing laws by setting firm standards for certain crimes. – Three strikes legislation Habitual violators laws mandatory sentencing Rummel v. Estelle (1980)—does not constitute cruel and unusual punishment under the 8 th amendment

18. © 2015 Cengage Learning Learning Objective 6 Identify the arguments for and against the use of victim impact statements during sentencing hearings. ZUMA Press/Newscom

19. © 2015 Cengage Learning Sentencing Reform Victim Impact Statements Crime Victim’s Right’s Act allows victims the right to be heard during sentencing process. – Most controversial in death penalty cases – Gives survivors a voice in the process – Can be therapeutic for victims – Can be considered prejudicial – The role of the victim’s “social value”

20. © 2015 Cengage Learning Learning Objective 7 Identify the two stages that make up the bifurcated process for death penalty sentencing. © Cengage Learning. All Rights Reserved.

21. © 2015 Cengage Learning Capital Punishment- The Ultimate Sentence Furman v. Georgia (1972) – Assisted in have a 2 part process for conviction and sentencing The criminal trial phase – Jury determines guilt or innocence of the defendant for a crime determined to be punishable by death The sentencing hearing phase – Jury considers all aggravating and mitigating circumstances to decide if the death sentence is warranted

22. © 2015 Cengage Learning Learning Objective 8 Explain why the U.S. Supreme Court abolished the death penalty for juvenile offenders. AP Photo/Virginia Department of Corrections

23. © 2015 Cengage Learning Capital Punishment- The Ultimate Sentence Roper v. Simmons (2005) – Evolving standards of decency test – The Roper Ruling required 72 convicted murderers in 12 states to be resentenced

24. © 2015 Cengage Learning Learning Objective 9 Describe the main issues of the death penalty debate. Joyce Marshall/Fort Worth Star-Telegram/MCT via Getty Image

25. © 2015 Cengage Learning Capital Punishment- The Ultimate Sentence The debate over capital punishment: – Deterrence Does it deter crime? – Incapacitation Does it make society safer? – Fallibility Does the system make mistakes? – Arbitrariness Is it arbitrary? – Constitutionality It is cruel and unusual? – Discrimination Is it fairly applied?

26. © 2015 Cengage Learning Capital Punishment- The Ultimate Sentence © Cengage Learning. All Rights Reserved.

27. © 2015 Cengage Learning Discussion Question Discuss the death penalty as it related to Timothy McVeigh of the Oklahoma City Bombings. Did he deserve the death penalty? Why or why not? Discuss the death penalty as it relates to the Boston Bombing defendant who is still alive. Does he deserve the death penalty? Why or why not?

28. © 2015 Cengage Learning Discussion Question You have a child pedophile who has been known to sexually violate children in your neighborhood. You have a street level drug dealer who provided crack cocaine to kids in your neighborhood. Given these 2 criminals, which philosophy of punishment would you provide? Discuss why you chose this type and why it may or may not have made a difference in your decision.

29. © 2015 Cengage Learning Discussion Question Do you believe in the death penalty? Why or why not? What if a family member was murdered in cold blood? Would this change your view? Debate between the use of the death penalty for juveniles and adults. Do you believe some juveniles should be sentenced to death? Why or why not?