1. Punishment and Sentencing
Chapter Eleven
Punishment and Sentencing

2. Learning Objectives Describe the historical development of punishment
List the major goals of contemporary sentencing
Distinguish among general and specific deterrence, incapacitation, and retribution
Compare rehabilitation with just desert
Explain how sentences are imposed

3. Learning Objectives
Classify the various types of sentencing structures
Discuss how people are sentenced today
Describe the nature of capital punishment in the United States and abroad
Articulate the arguments for and against capital punishment
Discuss the legality of the death penality

4. The History of Punishment
Historically, people who violated the law were considered morally corrupt and in need of strong discipline
In early Greece and Rome, the most common state-administered punishment was banishment or exile
Learning Objective 1

5. The History of Punishment
The Middle Ages,
People found guilty of crimes faced a wide range of punishment including:
Physical torture
Branding
Whipping
Death (for most felony offenses)
The main emphasis of criminal law and punishment was on maintaining public order
Learning Objective 1

6. The History of Punishment
The development of the common law in the eleventh century brought some standardization to penal practices
End of the 16th century
Many offenders were made to do hard labor for their crimes
Learning Objective 1

7. The History of Punishment
In England
Transporting convicts to the colonies became popular
By 1820
Long periods of incarceration in walled institutions called reformatories or penitentiaries began to replace physical punishment in England and the United States
Learning Objective 1

8. The Goals of Punishment
The objectives of criminal sentencing can be grouped into distinct areas:
General deterrence
Incapacitation
Specific deterrence
Retribution/Just desert
Rehabilitation
Diversion
Equity/restitution
Restoration
Learning Objective 2

9. The Goals of Punishment
General Deterrence
People should be punished to set an example for others
Should be proportionate and fair
Effect is less than desired
Learning Objective 3

10. The Goals of Punishment
Incapacitation
Preventing crime by keeping offenders under state control
Evidence is mixed
Other factors that have an influence:
Population makeup
Police effectiveness
Drug use
The economy
Diminishing effects over time
Learning Objective 3

11. The Goals of Punishment
Specific Deterrence
The experience of suffering punishment should inhibit future law violations
To convince offenders that the pains of punishment are greater than the potential benefits of crime
Mixed results in the research regarding effectiveness
Learning Objective 3

12. The Goals of Punishment
Retribution/Just Desert
The punishment should fit the crime
Those who violate the rights of others deserve to be punished
Learning Objectives 3

13. The Goals of Punishment
Rehabilitation
The justice system is obligated to help these unfortunate people and not simply punish them for their misdeeds
Proper treatment will prevent future crimes
Learning Objective 4

14. The Goals of Punishment
Diversion
Aimed at sparing nondangerous offenders from the stigma and labeling of a criminal conviction and further involvement with the justice process
Diverted to a community correctional program for treatment
Learning Objective 2

15. Thinking Point
As part of diversion, the convicted offender may be asked to make restitution payments to the crime victim or participate in a community based program that features counseling.
What types of nonviolent offenses do you think would fit with the goals of diversion?
Are there any nonviolent offenses that you believe aren’t appropriate for diversion? Why or why not?
Learning Objective 2

16. The Goals of Punishment
Equity/Restitution
The action or practice of awarding each person his/her just due
Seeks to compensate individual victims and the general society for their losses due to crime
Learning Objective 2

17. The Goal of Punishment Restoration
Defendants may be asked to confront their behavior, the damage they caused the victim, and the shame they brought to their family, friends, and community
Learning Objective 2

18. Thinking Point Crime and Punishment
Which goal of punishment do you believe is the most important? Why?
Does it matter what the offense is? Why or why not?
Learning Objective 2

19. Imposing the Sentence Concurrent Sentences Consecutive Sentences
Served at the same time
Consecutive Sentences
Served one after the other
The Effect of Good Time
Reduction in sentence for good behavior
Learning Objective 5

20. Consecutive vs. Concurrent Sentences
Figure 11.1 Consecutive vs. Concurrent Sentences

21. Sentencing Models Indeterminate Sentences Determinate Sentences
Offenders are placed in confinement only until they are rehabilitated and then released on parole
Determinate Sentences
A fixed term of years to be served by the offender sentenced to prison for a particular crime
Learning Objective 6

22. Sentencing Models Sentencing Guidelines The Sentencing Grid
Regulate the length of determinate sentences
Curb judicial discretion
Created by sentencing commissions
The Sentencing Grid
Prior record
Current offense
Learning Objective 6

23. Sentencing Models Legal Challenges and Their Impact
Apprendi v. New Jersey (Judges can only use the information provided in court to the jury for sentencing)
Blakely v. Washington (Similar to Apprendi case, places a more restrictive hold on judges flexibility in sentencing)
United States v. Booker (other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence exceeding the prescribed statutory maximum sentence)
Learning Objective 6

24. Sentencing Models Mandatory Sentences
Fixed prison sentence for certain crimes
Chronic recidivists (repeat offender)
Limits judicial discretion
Learning Objective 6

25. Sentencing Models Three Strikes Laws Truth in Sentencing
Long prison sentences for any person convicted of three felony offenses
Legal controls
Truth in Sentencing
Require offenders serve a substantial amount of sentence
Elimination or reduction of parole and good time
Learning Objective 6

26. Thinking Point
The research on three-strikes laws doesn’t really support any kind of deterrent effect, and hasn’t led to a significant reduction in crime.
If there is no proven deterrent effect and no reduction in crime, do you support three-strikes laws? Why or why not?
Some research suggests that three-strikes laws may actually increase crime as offenders who face life terms go to lethal lengths to resist apprehension. Does this influence your view of these laws?
Learning Objective 6

27. How People Are Sentenced
What Factors Affect Sentencing?
The severity of the offense
The offender’s prior criminal record
Whether the offender used violence
Whether the offender used weapons
Whether the crime was committed for money
Learning Objective 7

28. How People Are Sentenced
What Factors Affect Sentencing?
Social class
Gender
Age
Victim characteristics
Race
Learning Objective 7
Martin Caballero’s family (from left, stepson William Cruz, daughter Jessica Caballero, stepdaughter Nancy Cruz, stepson Christian Martinez, and wife Libia Martinez) make a victim impact statement before Judge Michael Donio during sentencing of Craig Arno for the murder of Martin Caballero in Superior Court, Mays Landing, New Jersey, May 24, 2012.

29. Thinking Point
Victim impact statements are permitted in some form in all 50 states. Research is mixed regarding whether the statement is helpful or harmful to the defendant at sentencing.
If there is a prejudicial impact on the sentencing of the defendant, should victim impact statements still be allowed? Why or why not?
Why do you think victim impact statements are important?
Learning Objective 7

30. Capital Punishment
More than 14,500 confirmed executions have been carried out since 1608
Today there are more than 3000 people on death row
In recent years the Supreme Court has limited the death penalty to first-degree murder, and only with aggravating circumstances
Learning Objective 8

31. Executions Learning Objective 8
FIGURE 11.4 Number of persons executed in the United States, 1930–2011
Source: Tracy L. Snell, Capital Punishment, 2012 (Washington, DC: Bureau of Justice Statistics, 2014), p. 1.

32. Capital Punishment Arguments for the Death Penalty Incapacitation
Deterrence
Morally correct
Proportional to the crime
Reflects public opinion
Unlikely chance of error
Learning Objective 9
Defense lawyer Kevin Spellacy checks the reaction of Denny Obermiller to hearing a sentence of death pronounced by a three-judge panel in his sentencing on February 25, Obermiller pleaded guilty to multiple counts of aggravated murder, kidnapping, rape, and other crimes.

33. Capital Punishment Arguments against the Death Penalty
Possibility of error
Unfair use of discretion
Misplaced vengeance
Weak public support
Little deterrent effect
No hope of rehabilitation
Race, gender, and other bias
Causes more crime than it deters
It is brutal
It is expensive
Morally wrong
Learning Objective 9

34. Capital Punishment
Several prominent cases have created our current understanding of capital punishment:
Furman v. Georgia
Gregg v. Georgia
Ring v. Arizona
Atkins v. Virginia
Roper v. Simmons
Kennedy v. Louisiana
Baze v. Rees
Learning Objective 10