1. Chapter 15

2. Sentencing Options  Can be one or combination of the following depending in the state  Suspended sentence – sentence is given but does not have to serve at time imposed

3. Sentencing Options  Probation – defendant is released to the supervision of a probation officer.  Defendant agrees to certain conditions – getting a job, where to live, staying drug-free, & report in

4. Sentencing Options  Home confinement – defendant is sentenced to serve the term at home  Can only leave home for work, school, or doctor’s appointment  May have to wear an electronic tether

5. Sentencing Options  Fine – defendant has to pay a monetary amount to the government

6. Sentencing Options  Restitution – defendant must pay back whatever loss or injury to the victim

7. Sentencing Options  Work release – defendant is allowed to work in the community  Has to return to prison at night & weekends

8. Sentencing Options  Imprisonment – sentenced to a term in jail or prison  Some states have a definite sentence ( 5 years)

9. Sentencing Options  Some states have a min/max sentence (min 7 years – no more than 10 years)  Misdemeanor cases – short term in jail (some defendants on the weekends)

10. Sentencing Options  Death – defendant is sentenced to die for his/her crimes  Some states have fixed sentencing statutes

11. Sentencing Options  Some states the judge can adjust the sentence to fit the crime  Judge must balance personal theory of corrections with the best interest of society & individual

12. Sentencing Options  Presentence report – prepared by the probation department  Contains:  Description of the crime  Circumstances surrounding crime  Defendant’s criminal record  Defendant’s medical, social, & educational background

13. Sentencing Options  Judge listens to recommendations from the prosecutor & defense attorney  Judge then imposes the sentence

14. Sentencing Options  Many believe to much discretion given to judges in determining sentencing  Two people convicted of the same crime have different sentences

15. Sentencing Options  1988 Congress passed sentencing guidelines  Guidelines include mandatory sentencing without parole

16. Sentencing Options  Mandatory sentencing for repeat offenders  Some cases have harsh sentencing for minor crimes  Critics say that the “guidelines” remove the judge’s discretion

17. Sentencing Options  Judge can look at the outside factors:  Poverty  Lack of education  Abuse  Drug addiction  Other factors that contribute to criminal behavior

19. Sentencing Options  Supreme Court has upheld the federal sentencing guidelines  Eight Amendment – protects against cruel & unusual punishment  Many judges are reluctant to overturn sentencing decisions

20. Purposes of Punishment  Purposes of punishment:  Retribution  Deterrence  Rehabilitation  Incapacitation

21. Purposes of Punishment  Retribution – “eye for an eye & tooth for a tooth” society punishes the offender  Form of revenge

22. Purposes of Punishment  Deterrence – punishment discourages the offender from committing another crime  Serves as an example to deter others from committing crimes

24. Purposes of Punishment  Rehabilitation – change the behavior of the inmate so he/she can lead a productive & criminal free life upon release

25. Purposes of Punishment  Based on the theory that criminals can overcome the social, educational, & psychological problems that put them in prison

26. Purposes of Punishment  Incapacitation – criminal is separated from society & society is protected

27. Parole  Parole – release of an inmate from prison before his/her entire sentence is served  Some states inmate only has to serve the minimum sentence to be eligible  Other states inmate becomes eligible for parole after a percentage of the sentence is served

28. Parole  Federal system & some states don’t have parole  Gives credibility to deterrence when serving entire sentence  Critics say inmates should be evaluated periodically & released if good behavior is shown

29. Parole  2001 6.6 million people were on parole  3.1% of U.S. adult residents

30. Capital Punishment  Capital punishment – sentence is the death penalty  Long history in the U.S.  1630 first settler hanged for murder  Death penalty usually for murder & rape  1935 – 199 inmates executed

33. Capital Punishment  1967 only one inmate executed  1972 Furman v. Georgia – death penalty was unconstitutional  Juries had too much discretion in assigning sentences  1977 Supreme Court death penalty was unconstitutional for rape

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35. Capital Punishment  1978 Supreme Court new laws for death penalty were constitutional  2001 - 3,581 inmates on death row  1,969 – Caucasian  1,538 – African American  358 – Hispanic  51 - Women

37. Capital Punishment  33 – Asian  28 – Native American  13 – “other race”  2 in 3 had prior felony convictions  1 in 13 had prior homicide convictions  Average education attained was 11 th grade

38. Capital Punishment  Average age at the time of arrest – 28  13% were 19 or younger at time of arrest  Youngest on death row – 19  Oldest is 86  2003 38 states have death penalty statutes  37 states use lethal injection  10 states use electrocution

40. Capital Punishment  Five states use lethal gas  Three states use hanging  Three states use firing squads  Most capital punishment laws call for a two-part trial 1) Jury trial decides guilt or innocence 2) Jury decides if the convicted should face death

42. Capital Punishment  Judges and juries must consider:  Aggravating circumstances – factors that suggest a more severe punishment  Mitigating circumstances – factors that suggest a less severe punishment  More than half the countries around the world have abolished the death penalty

43. Capital Punishment  Debate involves legal, political, & moral issues  Opponents – no one who values life can approve of the death penalty  Death penalty does not deter murder  Death penalty is applied unfairly to minority groups

44. Capital Punishment  Violates the Eighth Amendment – “cruel & unusual punishment”  Life without parole would be a better sentence  Advocates of the death penalty:  Killers get what they deserve  Threat of death deters crime

45. Capital Punishment  Studies are inconclusive  Criminals fear death more than any other punishment  Executions:  Protect society  Saves money  Death penalty is fairly applied

46. Capital Punishment  Post-conviction relief measures –  Those on death row get automatic appeal if conclusive evidence of innocence becomes available

47. Corrections  Life behind bars –  Mail & phones are screened  Regimented life cycle  Restricted access to radio, TV, & books  Visitors are limited  Subject to searches  Constant surveillance

48. Corrections  1960s – inmates had few rights  Supreme Court has grants limited rights  Freedom from cruel & unusual punishment  Right to religion  Right to due process  Right to medical treatment  Right to access law libraries & courts

49. Corrections  1995-2001 23% increase in prison population  2002 1.4 million inmates in U.S. prisons  Jail population went up 34,235 inmates  U.S. prison population is 6 to 10 times higher than other industrial nations  Reason why – “get-tough-on-crime” policies

51. Corrections  More defendants going to prison  Longer sentences  Mandatory sentences  Decrease use of parole  2000 - 27 new state prisons  4 new federal prisons  Increased capacity by 23,000  Renovated 58 other prisons – 14,000

53. Corrections  1996 construction cost were $40,000 per bed  Cost of maintaining a person in prison - $20,000 to $50,000 per year  Critics – spend the funds on prevention & treatment programs  Much of the increase prison population is due to war on drugs

55. Corrections Education  Education costs per student = $7,000  Costs after 13 years of schooling (kindergarten to 12 th grade) = $7,000 x 13 = $91,000  Costs a little over 15% to educate a child as opposed to incarceration Prison  Incarceration costs per inmate = $45,000  Costs to house an inmate in a Michigan prison for 13 years $45,000 x 13 = $585,000  Build schools or prisons?

56. Corrections  Life behind bars is more dangerous  Fights  Riots  Drug use  Sexual assaults  Federal government is sending prisoners elsewhere

57. Corrections  Privatization of prison system  Save money on running prison system  Critics warn:  Violation of inmates’ rights  Less concern about rehabilitation  Longer sentences

61. Corrections  630,000 inmates leave prison each year  100,000 juveniles leave facilities  More than half will be back in prison within three years  Reentry – program to reduce repeat offenders & a safe integration into society

62. Corrections  Phase one – educate inmates  Provide education, mental health services, substance abuse treatment, job training, & mentoring  Prepare the inmate for reentry into society

63. Corrections  Phase two – focus on reentry into society  Where to live  Find a job  Reestablish ties with the community  Phase three – link inmates with social services & community-based organizations

64. Corrections  Majority of inmates will return to their communities