1. Punishment and Sentencing
Chapter 11
Punishment and Sentencing

2. The Goals of Punishment
General Deterrence
People should be punished to set an example for others
The need to deter crime must be balanced against the need to dispense fair justice
Some justice experts believe that the recent decline in the crime rate is a result of increasing criminal penalties
Some inefficiency limits the deterrence effect of punishment

3. Goals of Punishment, continued
Incapacitation
This is the policy of keeping dangerous criminals in confinement to eliminate the risk of repeating the crime
Incarceration trends may influence crime rates
However, crime rates may be more closely related to other factors such as population makeup, police effectiveness, drug use, and the economy
The prison experience may actually increase the likelihood of reoffending
Using incapacitation to reduce crime rates always brings diminishing returns

4. Goals, continued Specific Deterrence
The pains of punishment should be greater than the benefits of the crime
A punishment designed to deter the specific criminal from committing another crime
Research has failed to find specific deterrence effects of incarceration
In some instances, severe punishments may increase reoffending rates, as punishment may bring defiance rather than deterrence

5. Goals, continued Retribution/Just Desert
The view that those who violate the rights of others deserve punishment commensurate with the seriousness of the crime
Punishment must be equally and fairly distributed to all people who commit similar illegal acts
Consensus is not reached however on the treatment of criminals, seriousness of crimes, and the proper response to criminal acts

6. Goals, continued Rehabilitation
Involves programs that treat, rather than simply incarcerate the offender and improve their likelihood for success upon community re-entry
The belief surmises that if proper treatment is applied, an offender will present no further threat to society

7. Goals, continued Diversion
A process aimed at sparing non-dangerous offenders from the stigma and labeling of a criminal conviction and further involvement with the justice process
The judge may allow a diversion into a community correction program for treatment

8. Goals, continued Equity/Restitution
The offender must pay back their victims for their loss, the justice system for the costs of processing their case, and society for any disruption they may have caused
Convicted offenders might be required to pay a fine, forfeit property illegally gained, do community service work, or reimburse the state for the cost of the criminal process

9. Goals, continued Restoration
Might require that the convicted person recognize that he or she caused injury to personal and social relations
A healing process versus retribution and revenge
Offenders often are required to accept responsibility and provide a statement of remorse
The goal is to restore the offender to good standing in society

10. Concurrent vs. Consecutive Sentences
In a concurrent sentence, prison sentences for two or more criminal acts are served simultaneously and run together
In a consecutive sentence, prison sentences for two or more criminal act are served one after the other

11. Effect of Good Time
Inmates can accrue standard good time at a rate ranging from 10 to 15 days per month
Federal inmates can get as many as 54 days taken off the end of their sentence each year
Some correctional authorities in addition grant earned sentence reduction to inmates who participate in treatment programs or who volunteer for experimental medical testing programs
In some jurisdictions, more than half of a determinate sentence can be erased by accumulating both standard and earned good time
Earned good time is by taking educational or vocational courses
Standard good time is not causing any trouble

12. Indeterminate Sentences
A term of incarceration with a stated minimum and maximum length, and the prisoner is eligible for parole after serving the minimum
This is the most widely used type of sentence and the purpose is to individualize each sentence to the offender
Most jurisdictions that use indeterminate sentences employ statutes that specify minimum and maximum terms but allow judicial discretion to fix the actual sentence within those limits

13. Determinate Sentences
A determinate sentence is a fixed term of years of incarceration, the maximum set in law by the legislature
California has used determinate sentencing since 1977, when they changed from indeterminate sentencing that they used since 1917
Sentencing Guidelines
A set of standards that define parameters for trial judges to follow in their sentencing decisions
Implemented by determinate sentencing states and the federal government
Guidelines were created by appointed sentencing commissions whose members attempted to formulate what an “ideal” sentence would be for a particular crime and offender
There is a great deal of variation with the guidelines

14. Mandatory Sentences
A statutory requirement that a certain penalty be set and carried out in all cases on conviction for a specified offense, and which serves to limit the judge’s discretionary power and restrict sentencing disparity
The Supreme Court has sanctioned certain mandatory sentences, holding that they do not violate the Eighth Amendment’s cruel and unusual punishment prohibition

15. Mandatory Sentences, cont.
Three-Strikes Laws
Provide a lengthy prison term for any individual convicted of three felony offenses, even if the third is trivial, and which seeks to control habitual criminals
The laws are applied differently in different state jurisdictions
Welcome by conservatives seeking a remedy for violent crimes
Controversial because a person convicted of a minor felony can receive a life sentence
It is unlikely that a three-strikes policy can have a measurable effect on the crime rate as current sentences for chronic violent offenders are already severe
This policy causes a drain in economic resources that could have been applied to education and social welfare
Legal Controls
Three-strikes laws have been upheld on challenge to the Supreme Court

16. Truth in Sentencing
Requires an inmate to serve a minimum prison term of 85 percent of the sentence imposed by the court
Parole or good-time credits are restricted or eliminated in these cases
Today, more than half the states meet the Truth-in-Sentencing Incentive Grants Program eligibility criteria and another 13 states have adopted some form of truth-in-sentencing program

17. Legal Factors Affecting Sentencing
Severity of the offense
Offender’s prior criminal record
If violence was used
If weapons were used
If the crime was committed for money

18. Extralegal Factors Affecting Sentencing
Social Class
Members of the lower class more frequently receive longer prison sentences than wealthy defendants
Not all research efforts have found a consistent relationship between social class and sentence length
Age
Judges tend to be more lenient with elderly defendants and more punitive toward younger defendants
The association is not linear

19. Extralegal Factors, continued
Gender
Most research demonstrates that women receive more favorable outcomes the further they go in the criminal justice system
The chivalry hypothesis promotes that the low rates of sentencing among females reflect the leniency with which female offenders are treated by men in the system who have paternalistic instincts
Favoritism with females crosses racial and ethnic lines
Mandatory and structured sentences have resulted in harsher sentences for women

20. Extralegal Factors, continued
Victim Characteristics
A victim impact statement is considered by the court when the offender is sentenced
Sentences may be reduced when victims have “negative” personal characteristics
Sentences may be tailored to the needs of the offenders, such as mental illness or psychological deficits
Ethnic Group
Minority defendants are punished more severely for some crimes and more leniently for other crimes