1. C10: Punishment and Sentencing
Zacarias Moussaoui
What was his crime?
Why is his sentencing a difficult issue?

2. C10: Punishment and Sentencing

3. C10: Punishment and Sentencing
Define:
Retribution p. 257
Just Desserts p. 257
Incapacitation p. 258
Rehabilitation p. 259

4. C10: Punishment and Sentencing
The Purpose of Sentencing
Two Reasons
“Deserved infliction of suffering on evil doers”
“Prevention of crime”

5. C10: Punishment and Sentencing
The Purpose of Sentencing
Retribution
Eye for an eye?
Choose to violate society rules, get punished
Different from revenge, doesn’t just satisfy the victim

6. C10: Punishment and Sentencing
The Purpose of Sentencing
Deterrence
To prevent future crimes
Sets an example and sends a message to potential criminals
Some believe deterrence, not retribution, should be the goal of sentencing

7. C10: Punishment and Sentencing
The Purpose of Sentencing
Deterrence
General
By punishing one person, others will not commit a similar crime
Specific
The individual will be less likely to commit that crime

8. C10: Punishment and Sentencing
The Purpose of Sentencing
Incapacitation
Some people need to be separated from society
As long as they are in prison, they are not a danger to society
Problems?

9. C10: Punishment and Sentencing
Read: Singapore – A Utilitarian Oasis p.258
Singapore is a democracy
Would you stand for this in the United States? Why or why not?

10. C10: Punishment and Sentencing
The Purpose of Sentencing
Rehabilitation
Seen as the most “humane” goal of punishment
Suggests that criminals can be “treated” and “cured”
Cost effective?
Crime reducing?
What do you think?

11. C10: Punishment and Sentencing
Define:
“Good Time” p. 260
Truth-in-sentencing Laws

12. C10: Punishment and Sentencing
The Structure of Sentencing
Legislative Authority
Legislatures pass laws, criminal codes that define sentences
Indeterminate Sentencing
Most likely
Minimum and maximum times
Parole board decides when one will be released

13. C10: Punishment and Sentencing
The Structure of Sentencing
Legislative Authority
Determinate Sentencing
Code states a fixed time that will be served
Judge has no choice

14. C10: Punishment and Sentencing
The Structure of Sentencing
Legislative Authority
“Good time” and Truth in Sentencing
What a judge says has little to do with how long someone is in prison
All but four states have “good time” rules, up to prison administrators
Can reduce overcrowding
Truth-in-sentencing tries to counter the bad side of “good time”

15. C10: Punishment and Sentencing
The Structure of Sentencing
Judicial Authority
Judicial discretion was limited in the 1800’s
1900’s saw judges getting more power
Now it is being taken away again

16. C10: Punishment and Sentencing
The Structure of Sentencing
Administrative Authority
Parole board is administrative authority
Experts in human behavior determine rehabilitation status

17. C10: Punishment and Sentencing
Forms of Punishment: Make a table like the one below
Punishment
Constitutional Alternative
Unconstitutional Alternative
Capital Punishment
Imprisonment
Probation
Fines
Restitution and Community Service
Restorative justice

18. C10: Punishment and Sentencing
Mastering concepts p. 262
Illustrate (draw pictures and summarize) the three steps for sentencing responsibility

19. C10: Punishment and Sentencing
The Sentencing Process
Presentence Investigative Report
Describes crime
Suffering of victims
Prior offenses
Personal data

20. C10: Punishment and Sentencing
The Sentencing Process
Prosecutor and Defense Attorney
Defense makes sure the report is accurate
Prosecution and defense may ask for specific sentences

21. C10: Punishment and Sentencing
Factors of Sentencing
Seriousness of Crime
Conviction offense (crime) vs. Real offense (defendant’s behavior)
Mitigating and Aggravating Circumstances
Make charges more or less severe
See examples p. 267
Judicial philosophy

22. C10: Punishment and Sentencing
Inconsistencies in Sentencing
Sentencing Disparity
1. Similar sentences for different crimes
2. Different sentences for similar crimes
3. Aggravating or mitigating circumstances

23. C10: Punishment and Sentencing
Inconsistencies in Sentencing
Sentencing Discrimination
Read p. 268

24. C10: Punishment and Sentencing
Mandatory Sentencing
Habitual Offender Laws
Also known as three-strikes laws
Repeat offenders get more time
Has been held up in court

25. C10: Punishment and Sentencing
Capital Punishment
Assignment: Read pages and complete a one to two page argument either supporting or opposing the death penalty. Due Friday.
Address:
Methods
Bifurcation
Mitigating Circumstances
Incapacitation
Fallibility
Arbitrariness
Discrimination and Fairness