Sentencing notes
- 1. Sentencing notesGoals and Issues
- 2. Goals of Sentencing1. DETERRENCE—the punishment will deter others from committing such a crime. (MAKING AN EXAMPLE OF SOMEONE)2. INCAPACITATION—punishment will reduce the individual’s opportunity to commit future crime. (LOCK THEM UP AND THROW AWAY THE KEY)
- 3. Goals of Sentencing cont.3. REHABILITATION—treat the individual and eliminate the underlying causes of crime. Includes classes, vocational training, and substance abuse treatment.4. RETRIBUTION—Punish criminals in a manner proportionate to the severity of their crime. This will discourage vigilantism. (MAKE THEM PAY)
- 4. Goals of Sentencing cont.5. RESTITUTION/RESTORATION—Repay the victims and society for costs, and apologize for misdeeds.
- 5. Race and SentencingA disproportionate number of minorities are in state prisons and on death row.1. Bias in drug lawsEx. Crack vs. Cocaine2. Bias in victim-offender statusMinorities who kill whites are more likely to get the death penalty than minorities who kill other minorities.3. Bias in probationWhere there is little bias in sentencing, there is still bias in granting probation.
- 6. Race and Sentencing cont.What can be done to address disparities?1. Mandatory Sentencing laws2. Judges appointed for lifetime may be more objective than those who are elected.
- 7. Three Strikes LawsAlso called “habitual offender laws”About half of states have them; California’s (1994) is the most prominentHelps keep violent offenders off the streetNon-violent offenders may be sent to prison for life for a minor felonyVery costly—is costing CA about $6 B per year in extra prison costs.