Schmalleger ch09 lecture
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This document provides an overview of different approaches to sentencing in the criminal justice system, including retribution, incapacitation, deterrence, rehabilitation, and restorative justice. It also discusses types of sentencing such as indeterminate sentencing, structured sentencing, and mandatory minimums. Alternative sentencing options and the role of victims in the sentencing process are also covered briefly.
Schmalleger ch09 lecture
- 1. Criminal JusticeCriminal Justice A Brief IntroductionA Brief Introduction CHAPTER Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger ELEVENTH EDITION Sentencing 9
- 2. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger RetributionRetribution • The act of taking revenge on a criminal perpetrator • The earliest-known rationale for punishment • Corresponds to the model of sentencing called just deserts continued on next slide
- 3. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger RetributionRetribution • Just deserts A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive. The primary sentencing tool of the just deserts model is imprisonment
- 4. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger IncapacitationIncapacitation • The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses • Seeks to protect innocent members of society continued on next slide
- 5. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger IncapacitationIncapacitation • Separates offenders from the community to reduce opportunities for further criminality • Incapacitation requires only restraint, not punishment.
- 6. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger DeterrenceDeterrence • General Deterrence A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced • Overall goal is crime prevention continued on next slide
- 7. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger DeterrenceDeterrence • Deterrence is compatible with the goal of incapacitation. • Retribution is oriented toward the past; deterrence is a strategy for the future and aims to prevent new crimes. continued on next slide
- 8. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger DeterrenceDeterrence • Specific Deterrence A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality Aims to reduce the likelihood of recidivism
- 9. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger RehabilitationRehabilitation • Rehabilitation The attempt to reform a criminal offender • Seeks to bring about fundamental changes in offenders and their behavior • Fell victim in the 1970s to the nothing- works doctrine
- 10. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger RestorationRestoration • Restoration A goal of criminal sentencing that attempts to make the victim "whole" again continued on next slide
- 11. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger RestorationRestoration • Restorative justice A sentencing model that builds on restitution and community participation in an attempt to make amends to the victim • Community-focused • Primary goal is improving the quality of life for all members of the community.
- 12. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Indeterminate SentencingIndeterminate Sentencing • Indeterminate sentencing A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences • Relies heavily on judges' discretion to choose among types of sanctions and to set upper and lower limits on the length of prison stays continued on next slide
- 13. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Indeterminate SentencingIndeterminate Sentencing • The indeterminate model was created to take into consideration differences in the degree of guilt. • The inmate's behavior while incarcerated is the primary determinant of the amount of time served. continued on next slide
- 14. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Indeterminate SentencingIndeterminate Sentencing • Consecutive Sentence Served one after the other • Concurrent Sentence Two or more sentences served at the same time continued on next slide
- 15. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Indeterminate SentencingIndeterminate Sentencing • Gain Time The amount of time deducted from prison time on a given sentence as a consequence of participation in special projects or programs • Good Time The amount of time deducted from prison time on a given sentence as a consequence of good behavior
- 16. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Critics of indeterminate model called for the recognition of three fundamental sentencing principles Proportionality Equity Social debt continued on next slide
- 17. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Structured sentencing A model of criminal punishment that includes determinate and commission- created presumptive sentencing schemes • Typically relying on a quantitative scoring instrument continued on next slide
- 18. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Structured sentencing A model of criminal punishment that includes determinate and commission- created presumptive sentencing schemes • Not voluntary/advisory in that judges had to adhere to the sentencing system or provide a written rationale for departing from it continued on next slide
- 19. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Determinate sentencing A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time • Also specifies an anticipated release date continued on next slide
- 20. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Presumptive sentencing Developed by a sentencing commission rather than state legislature • Explicit and highly structured
- 21. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Voluntary/Advisory SentencingVoluntary/Advisory Sentencing GuidelinesGuidelines • Recommended sentencing policies that are not required by law • Usually based on past sentencing practices • Serve as guides to judges • A form of structured sentencing
- 22. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Aggravating Circumstances Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime continued on next slide
- 23. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Structured SentencingStructured Sentencing • Mitigating Circumstances Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the offender
- 24. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Federal Sentencing GuidelinesFederal Sentencing Guidelines • Comprehensive Crime Control Act (1984) A close correspondence between the sentence imposed on an offender and the time actually served in prison Nearly eliminated good-time credits and began the process of both phasing out federal parole and eliminating the U. S. Parole Commission continued on next slide
- 25. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Federal Sentencing GuidelinesFederal Sentencing Guidelines • Comprehensive Crime Control Act (1984) Funds available for states that adopt truth-in-sentencing laws and are able to guarantee that certain violent offenders will serve 85% of their sentences continued on next slide
- 26. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Federal Sentencing GuidelinesFederal Sentencing Guidelines • Specified a sentencing range from which judges had to choose • Departures were generally expected only in the presence of aggravating or mitigating circumstances. continued on next slide
- 27. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Federal Sentencing GuidelinesFederal Sentencing Guidelines • Federal sentencing guidelines are built around a table, with each row corresponding to one offense level. Defendants may move into the highest criminal history category by virtue of being designated a career offender. continued on next slide
- 28. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Federal Sentencing GuidelinesFederal Sentencing Guidelines • Plea bargaining under the Federal Sentencing Guidelines required that the agreement: Be fully disclosed in the record of the court. Detail the actual conduct of the offense. • Melendez v. U.S. (1996)
- 29. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Three Strikes LawsThree Strikes Laws • A 2012 review of three-strikes legislation found that 16 states recently modified these laws in response to difficult economic conditions. About half of the states have passed three-strikes legislation. Questions remain about the effectiveness of three-strikes legislation.
- 30. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Mandatory SentencingMandatory Sentencing • Mandatory sentencing A structured sentencing scheme that allows no leeway in the nature of the sentence imposed continued on next slide
- 31. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Mandatory SentencingMandatory Sentencing • Diversion The official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment
- 32. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Innovations in SentencingInnovations in Sentencing • Alternative Sentencing Options With an ever-growing number of cases, innovative judges in certain jurisdictions are using discretionary sentencing to impose truly unique punishments. continued on next slide
- 33. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Innovations in SentencingInnovations in Sentencing • We are facing prison overcrowding, high incarceration costs, and the public is calling for retribution. • Other judges have used shaming strategies to deter wrongdoers.
- 34. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Alternative SentencingAlternative Sentencing • The use of Court-ordered community service, Home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, intensive supervision …in lieu of other, more traditional sanctions, such as imprisonment and fines.
- 35. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Presentence InvestigationThe Presentence Investigation • Presentence investigation (PSI) The examination of a convicted offender's background prior to sentencing continued on next slide
- 36. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Presentence InvestigationThe Presentence Investigation • The presentence investigation report can take one of three forms: A detailed written report on the defendant's personal and criminal history An abbreviated written report summarizing the information A verbal report to the court continued on next slide
- 37. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Presentence InvestigationThe Presentence Investigation • Sources of information for the presentence investigation/report Federal Bureau of Investigation's National Crime Information Center (NCIC) Individual jurisdictions' records The defendant (whose information should be corroborated with other sources)
- 38. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Victim – Forgotten No LongerThe Victim – Forgotten No Longer • The sentencing process now frequently includes consideration of the needs of victims and survivors. • There is no victims' rights amendment to the federal Constitution. However, more than 30 states have passed their own victims' rights amendments. continued on next slide
- 39. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Victim – Forgotten No LongerThe Victim – Forgotten No Longer • Violent Crime Control and Law Enforcement Act of 1994 continued on next slide
- 40. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Victim – Forgotten No LongerThe Victim – Forgotten No Longer • Much of the philosophical basis of today's victims' movement can be found in the restorative justice model. • In 2001, the USA PATRIOT Act amended the Victims of Crime Act of 1984. Made victims of terrorism (and their families) eligible for victims' compensation payments
- 41. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Victim Impact StatementsVictim Impact Statements • An in-court statement made by the victim or survivor to sentencing authorities, seeking to make an informed sentencing decision • One study of the efficacy of victim- impact statements found that sentencing decisions are rarely affected by them. continued on next slide
- 42. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Victim Impact StatementsVictim Impact Statements • They have little effect because judges and other officials have established ways of making decisions which do not require explicit information about the impact.
- 43. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Sentencing RationalesSentencing Rationales • Fines • Probation • Imprisonment • Death
- 44. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Sentencing PracticesSentencing Practices • State courts convicted 1,132,000 felons in 2006. 28% received jail sentences involving less than one year's confinement. 27% were sentenced to probation with no jail or prison time to serve. The largest offense category for which state felons were sent to prison was drug offenses.
- 45. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger FinesFines • One of the oldest forms of punishment • Often imposed for relatively minor law violations • Most likely to be imposed where the offender has both a clean record and the ability to pay • Day-fine system
- 46. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Habeas Corpus ReviewHabeas Corpus Review • Writ of Habeas Corpus Directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment
- 47. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Death Penalty and theThe Death Penalty and the InnocentInnocent • A 2000 study examined 4,578 death- penalty cases in state and federal courts from 1973 to 1995. • The appellate courts overturned the convictions or reduced the sentence in 68% of the cases examined. continued on next slide
- 48. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Death Penalty and theThe Death Penalty and the InnocentInnocent • In 82% of the successful appeals, defendants were found to be deserving of a lesser sentence, and convictions were overturned in 7% of such appeals.
- 49. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Justification for CapitalJustification for Capital PunishmentPunishment • 'Cold-blooded murder' justifies a sentence of death. • Justifications for the death penalty are collectively referred as the retentionist position. continued on next slide
- 50. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger Justification for CapitalJustification for Capital PunishmentPunishment • Three retentionist arguments Just deserts Revenge Protection
- 51. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Future of the Death PenaltyThe Future of the Death Penalty • A 2010 national poll of 1,500 registered voters conducted for the Death Penalty Information Center showed growing support for alternatives to the death penalty, compared with previous polls. 61% of the majority said they would choose a punishment other than capital punishment for murder. continued on next slide
- 52. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger The Future of the Death PenaltyThe Future of the Death Penalty • A 2010 national poll of 1,500 registered voters conducted for the Death Penalty Information Center showed growing support for alternatives to the death penalty, compared with previous polls. 52% life without possibility of parole 9% life with the possibility of parole