1. Punishment and Sentencing
Chapter 11
Punishment and Sentencing

2. The History of Punishment
Historically, people who violated the law were considered morally corrupt and in need of strong discipline
Early Greece and Rome
The most common state-administered punishment was banishment or exile
Learning Objective One - In earlier times, punishment was quite severe. Brutal public punishments, which included beheading and burning, were designed to teach the value of obedience to authority. Even kings, such as Charles I of England, were not immune from execution. Following his conviction on charges of treason during the English Civil War of , Charles was beheaded on January 30, 1649.

3. 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

4. The History of Punishment
The development of the common law in the eleventh century brought some standardization to penal practices
Wergild
Used to repay the injured party and ensure that a personal crime would not develop into a blood feud and anarchy

5. The History of Punishment
End of the 16th century
Many offenders were made to do hard labor for their crimes
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

6. The Goals of Punishment
The objectives of criminal sentencing can be grouped into distinct areas:
General deterrence
Incapacitation
Specific deterrence
Retribution/Just desert
Rehabilitation
Equity/restitution
Restoration
Michael Mele, escorted here in handcuffs, was booked on murder charges in the death of Laura Garza. Mele, who had several sex-offense convictions in New York, pleaded not guilty in the killing of Garza, an aspiring dancer who vanished two years before after leaving a New York City nightclub with Mele.

7. 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 Objectives Two & Three

8. 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 Objectives Two & Three

9. 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 Two

10. 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 Two, Three & Four

11. 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 Objectives Two & Four

12. 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 Two - Tony Alamo, founder of Tony Alamo Christian Ministries, is seen leaving a federal courthouse shortly after his restitution hearing in downtown Texarkana, Arkansas, on January 13, U.S. District Judge Harry Barnes, of the Western District of Arkansas, awarded $500,000 to each of five child-abuse victims for their suffering. A year earlier, Alamo was found guilty on 10 federal counts of child abuse after an investigation turned up evidence of polygamy, underage marriage, and physical and sexual abuse on his 15-acre compound in northeast Texas.

13. 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

14. 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?

15. 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 Five

16. Consecutive vs. Concurrent Sentences
Figure 11.1 Consecutive vs. Concurrent Sentences

17. 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 Six

18. 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 Six

19. Minnesota Sentencing Guidelines Grid
Figure 11.2 Minnesota Sentencing Guidelines Grid

20. Sentencing Models Legal Challenges and Their Impact
Apprendi v. New Jersey
Blakely v. Washington
United States v. Booker
Learning Objective Six

21. Sentencing Models Mandatory Sentences
Fixed prison sentence for certain crimes
Chronic recidivists
Limits judicial discretion
Learning Objective Six

22. 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 Six

23. Lengths of Felony Sentences Imposed by State Courts

24. The Association Between Prior Offense Record and Sentencing Outcome
Figure 11.3 The Association Between Prior Offense Record and Sentencing Outcome

25. 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 Seven

26. How People Are Sentenced
What Factors Affect Sentencing?
Social class
Gender
Age
Victim characteristics
Race
Learning Objective Seven - 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.

27. Capital Punishment
More than 14,500 confirmed executions have been carried out since 1608
Today there are more than 3200 people on death row
In recent years the Supreme Court has limited the death penalty to first-degree murder, and only with aggravating circumstances

28. Yearly Executions in the United States
Figure 11.4 Yearly Executions in the United States

29. Capital Punishment Arguments for the Death Penalty Incapacitation
Deterrence
Morally correct
Proportional to the crime
Reflects public opinion
Unlikely chance of error
Learning Objectives Eight and Nine - 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.

30. 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 Objectives Eight and Nine

31. 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 Ten