Punishment & SentencingPunishment & Sentencing

Chapter 10 in Your TextbookChapter 10 in Your Textbook

John MasseyJohn MasseyCriminal JusticeCriminal Justice

Philosophies for PunishmentPhilosophies for Punishment Four basic philosophiesFour basic philosophies

1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution

IncapicitationIncapicitation Offenders can no longer pose a threat to societyOffenders can no longer pose a threat to society Take away criminal abilityTake away criminal ability Remove from community = reduce criminal opportunityRemove from community = reduce criminal opportunity

DeterrenceDeterrence Prevent future crimesPrevent future crimes Setting an example (cost/benefit analysis)Setting an example (cost/benefit analysis) General and Specific DeterrenceGeneral and Specific Deterrence

RehabilitationRehabilitation Do not just punishDo not just punish Treat and cure (drug treatment, etc.)Treat and cure (drug treatment, etc.)

RetributionRetribution Eye for an eyeEye for an eye Punishment should be proportional to crime committedPunishment should be proportional to crime committed

Forms of SentencingForms of Sentencing Intedeterminate, Determinate, Truth-In-SentencingIntedeterminate, Determinate, Truth-In-Sentencing

Interdeterminate sentencingInterdeterminate sentencing Judge determines minimum and maximum terms for imprisonmentJudge determines minimum and maximum terms for imprisonment When minimum is reached – person is eligible for paroleWhen minimum is reached – person is eligible for parole

Determinate sentencingDeterminate sentencing Fixed sentencingFixed sentencing Offender serves an exact amount (usually cannot be reduced)Offender serves an exact amount (usually cannot be reduced)

Truth-in-sentencingTruth-in-sentencing Requires those convicted of certain crimes to serve at least 85 % of Requires those convicted of certain crimes to serve at least 85 % of

sentencesentence Part of “get-tough” movementPart of “get-tough” movement

Good timeGood time Reduction in time served by prisoners based on their good behaviorReduction in time served by prisoners based on their good behavior Not used as often as it was in the pastNot used as often as it was in the past

Forms of PunishmentForms of Punishment Different ways to punish our criminalsDifferent ways to punish our criminals

Capital PunishmentCapital Punishment The death penalty (38 states and the federal govt.)The death penalty (38 states and the federal govt.) 11stst degree murder, murder of a police officer degree murder, murder of a police officer Electric chair, lethal injection, firing squadElectric chair, lethal injection, firing squad

ImprisonmentImprisonment Very common Very common Jails and prisonsJails and prisons Overcrowding and budget problemsOvercrowding and budget problems

ProbationProbation A Community SanctionA Community Sanction Eases overcrowdingEases overcrowding Electronic monitoring, house arrests, boot camps, etc.Electronic monitoring, house arrests, boot camps, etc.

FinesFines Yet to catch on in the U.S.Yet to catch on in the U.S. Some minor crimes and drug casesSome minor crimes and drug cases Part of salary or income in other countriesPart of salary or income in other countries

Forms of PunishmentForms of Punishment Restitution and Community ServiceRestitution and Community Service

Reparations to injured partyReparations to injured party Pay victims of a crime for “damages”Pay victims of a crime for “damages” Cleaning up litter on roads, painting, landscaping, etc.Cleaning up litter on roads, painting, landscaping, etc.

Restorative JusticeRestorative Justice Apologize, show remorse, admit your faultsApologize, show remorse, admit your faults

Shame PunishmentShame Punishment Newest formNewest form Shoplifters, sex offendersShoplifters, sex offenders

Sentencing DecisionsSentencing Decisions Seriousness of offenseSeriousness of offense Criminal historyCriminal history EmploymentEmployment VictimsVictims

Sentencing DisparitySentencing Disparity Crack v. cocaine possession (5. g v. 500 g.)Crack v. cocaine possession (5. g v. 500 g.)

Sentencing GuidelinesSentencing Guidelines Require judges to give determined sentences based on variety of Require judges to give determined sentences based on variety of

factorsfactors Seriousness of crimeSeriousness of crime Criminal recordCriminal record

Mandatory Sentencing/Habitual Offender LawsMandatory Sentencing/Habitual Offender Laws Specific crimesSpecific crimes Long sentencesLong sentences Ex: three strikesEx: three strikes

More on the Death PenaltyMore on the Death Penalty Legal until 1972Legal until 1972 Furman v. GeorgiaFurman v. Georgia (5-4 vote) (5-4 vote)

Violated 8Violated 8thth amendment amendment Cruel and unusual punishmentCruel and unusual punishment

Gregg v. GeorgiaGregg v. Georgia (1976) (1976) Think prohibition of alcoholThink prohibition of alcohol

Few executions from 1976-1985Few executions from 1976-1985 Increase since 1985Increase since 1985 Slowed up in last few yearsSlowed up in last few years

Technology, DNA, ForensicsTechnology, DNA, Forensics

Texas #1, Virginia #2Texas #1, Virginia #2 The Death Penalty DebateThe Death Penalty Debate

Death v. life in prison without the possibility of parole (the question)Death v. life in prison without the possibility of parole (the question)