Chapter 19Chapter 19

Sentencing and Sentencing and PunishmentPunishment

SentencingSentencing

The The impositionimposition of a criminal of a criminal sanction by a judicial authority. sanction by a judicial authority. Modern sentencing practices are Modern sentencing practices are influenced by the following five goals:influenced by the following five goals: RetributionRetribution IncapacitationIncapacitation DeterrenceDeterrence RehabilitationRehabilitation Restoration Restoration

SentencingSentencing RetributionRetribution – something demanded as – something demanded as

payment.payment. ProportionalityProportionality – degree to which a particular – degree to which a particular

punishment matches the seriousness of crime punishment matches the seriousness of crime or matches the penalty other offenders have or matches the penalty other offenders have received for the same crime.received for the same crime.

Capital CrimesCapital Crimes – crime which death is – crime which death is permissible punishment.permissible punishment.

Corporal PunishmentCorporal Punishment – punishment that – punishment that inflicts pain or injury to a person’s body.inflicts pain or injury to a person’s body.

General DeterrenceGeneral Deterrence – theory that punishment – theory that punishment serves to deter others from committing crimes.serves to deter others from committing crimes.

PenitentiaryPenitentiary – prison. – prison.

SentencingSentencing

RehabilitationRehabilitation – restoring someone – restoring someone to their former status.to their former status.

IncarcerationIncarceration – imprisonment. – imprisonment. IncapacitationIncapacitation – punishment – punishment

making it impossible for an offender making it impossible for an offender to re-offend.to re-offend.

Contemporary Forms of Contemporary Forms of Criminal PunishmentCriminal Punishment

There are a variety of criminal punishment:There are a variety of criminal punishment:1.1. Monetary FinesMonetary Fines

For first time offendersFor first time offenders Offenders are required to pay back as punishmentOffenders are required to pay back as punishment ForfeitureForfeiture – sacrifice of ownership or some right as a – sacrifice of ownership or some right as a

penaltypenalty

2.2. IncarcerationIncarceration Confinement is generally the only effective way to deal Confinement is generally the only effective way to deal

with violent offenders.with violent offenders. Prison is an effective incapacitator, but rarely an effective Prison is an effective incapacitator, but rarely an effective

rehabilitator.rehabilitator. Boot CampBoot Camp – program designed to employ a system of – program designed to employ a system of

discipline like the military. Inmates are generally young, discipline like the military. Inmates are generally young, nonviolent offenders who have committed theft, burglary, nonviolent offenders who have committed theft, burglary, forgery, and other nonviolent offenses.forgery, and other nonviolent offenses.

3.3. ProbationProbation Conditional release of a convicted criminal in lieu of Conditional release of a convicted criminal in lieu of

incarceration.incarceration.

Contemporary Forms of Contemporary Forms of Criminal PunishmentCriminal Punishment

1.1. Community serviceCommunity service Offenders are required to perform a Offenders are required to perform a

specified number of hours of service to specified number of hours of service to the community, doing specified tasks.the community, doing specified tasks.

Is required as one of several Is required as one of several conditions of probation.conditions of probation.

2.2. Death penaltyDeath penalty 38 states currently authorize capital 38 states currently authorize capital

punishment for first-degree murder or punishment for first-degree murder or other types of aggravated homicide.other types of aggravated homicide.

The Sentencing Stage of The Sentencing Stage of the Criminal Processthe Criminal Process

Presentence InvestigationPresentence Investigation – – investigation held before sentencing a investigation held before sentencing a convicted criminal to aid the court in convicted criminal to aid the court in determining the appropriate punishment.determining the appropriate punishment.

Presentence ReportPresentence Report – report containing – report containing the results of a presentence the results of a presentence investigation.investigation.

Sentencing HearingSentencing Hearing – hearing held by a – hearing held by a trial court before the sentence is trial court before the sentence is pronounced.pronounced.

The Sentencing Stage of The Sentencing Stage of the Criminal Processthe Criminal Process

Suspended SentenceSuspended Sentence – trial court’s decision to place – trial court’s decision to place a defendant on probation or under community control a defendant on probation or under community control instead of imposing a sentence.instead of imposing a sentence.

Concurrent SentencingConcurrent Sentencing – practice in which a trial – practice in which a trial court imposes separate sentences to be served at the court imposes separate sentences to be served at the same time.same time.

Consecutive SentencingConsecutive Sentencing – practice in which a trial – practice in which a trial court imposes a sentence or sentences to be served court imposes a sentence or sentences to be served following completion of a prior sentence or sentences.following completion of a prior sentence or sentences.

Victim Impact EvidenceVictim Impact Evidence – evidence relating to the – evidence relating to the physical, economic, and psychological impact that a physical, economic, and psychological impact that a crime has on the victim.crime has on the victim.

Victim Impact StatementVictim Impact Statement – statement read into the – statement read into the record during the sentencing phase of a criminal trial record during the sentencing phase of a criminal trial to inform the court about the impact of the crime on to inform the court about the impact of the crime on the victim.the victim.

Approaches to Approaches to IncarcerationIncarceration Indeterminate SentencingIndeterminate Sentencing – criminals are sentenced to – criminals are sentenced to

prison for indeterminate periods until corrections officials prison for indeterminate periods until corrections officials determine that rehabilitation has been accomplished.determine that rehabilitation has been accomplished.

Definite SentencingDefinite Sentencing – legislatively determined – legislatively determined sentencing with no discretion given to judges or sentencing with no discretion given to judges or corrections officials to individualize punishment.corrections officials to individualize punishment.

Determinate SentencingDeterminate Sentencing – process of sentencing – process of sentencing whereby the judge sets a fixed term of years within whereby the judge sets a fixed term of years within statutory parameters and the offender must serve that statutory parameters and the offender must serve that term without possibility of early release.term without possibility of early release.

Indefinite SentencingIndefinite Sentencing – judge imposes a term of – judge imposes a term of incarceration within statutory parameters, and incarceration within statutory parameters, and corrections officials determine actual time served through corrections officials determine actual time served through parole or other means.parole or other means.

Mandatory Minimum SentenceMandatory Minimum Sentence – sentence in which the – sentence in which the minimum duration of incarceration is specified by law.minimum duration of incarceration is specified by law.

Approaches to Approaches to IncarcerationIncarceration

Mandatory SentencingMandatory Sentencing – trial courts – trial courts are constrained by law to impose prison are constrained by law to impose prison terms of certain minimum duration.terms of certain minimum duration.

Habitual OffendersHabitual Offenders – one who – one who repeatedly commits crimes.repeatedly commits crimes.

Three Strikes and You’re OutThree Strikes and You’re Out – – statute that provides for mandatory life statute that provides for mandatory life imprisonment for a convicted felon who imprisonment for a convicted felon who has been previously convicted of two or has been previously convicted of two or more serious felonies.more serious felonies.

The Rights of PrisonersThe Rights of Prisoners

Good-Time CreditGood-Time Credit – credit toward – credit toward early release from prison based on early release from prison based on good behavior during confinement.good behavior during confinement.

Parole Revocation HearingsParole Revocation Hearings – – administrative hearing held for the administrative hearing held for the purpose of determining whether an purpose of determining whether an offender’s parole should be revoked.offender’s parole should be revoked.

The Rights of Crime The Rights of Crime VictimsVictims

Uniform Victims of Crime ActUniform Victims of Crime Act – – law proposed by the Uniform Law law proposed by the Uniform Law Commission designed to provide Commission designed to provide uniform rights and procedures uniform rights and procedures concerning crime victims.concerning crime victims.