chapter 2 sentencing and the correctional process corrections: an introduction, 2/e seiter ©2008...

Chapter 2Chapter 2

Sentencing and the Correctional Process

Corrections: An Introduction, 2/eSeiter

©2008 Pearson Education, Inc.Pearson Prentice HallUpper Saddle River, NJ 07458



IntroductionIntroduction Sentencing–imposition of a criminal

sanction by a judicial authority Felony–offense punishable by a year or

more of incarceration Misdemeanor–crime punishable by less

than a year



Pre-Trial Pre-Trial Correctional ActivitiesCorrectional Activities

Diversion from the criminal justice system Pre-trial diversion–suspension of

criminal process while offender is provided a chance to participate in treatment programs

Occurs without a finding of guilty Usually used for minor offenders or those

with no prior record



Diversion from the Diversion from the Criminal Justice SystemCriminal Justice System

Also called "deferred prosecution" Offenders must follow release conditions Advantages of diversion programs

Reduce demands on courts Less costly than criminal justice processing Offenders avoid stigma of criminal

conviction



Pretrial DiversionPretrial Diversion

The suspension of criminal process while the offender is provided the chance to participate in treatment programs and void further criminal activity

Also referred to as deferred prosecution or probation without adjudication



Three advantages: They reduce the demands on the court and

prosecutors to process the case as a criminal activity

They cost considerably less than criminal justice processing

Offenders avoid the stigma associated with a criminal conviction

Pre-trial DiversionPre-trial Diversion



Offenders are detained if considered a flight risk in order to assure appearance in court

Detained if considered dangerous Preventive detention–detaining the

accused in jail to protect the community from crimes offender is likely to commit if released

Pre-trial Detention in JailPre-trial Detention in Jail



1984 Comprehensive Crime Control Act officially authorized preventative detention

Criticized for violating due process rights Strong correlation between being denied

bail and conviction

Preventive DetentionPreventive Detention



At first appearance bail is considered. bail–the pledge of money or property in

exchange for promise to return to further court proceedings.

History of bail traced to medieval England when jails could not hold offenders for long periods of time.

Release from Pre-trial Release from Pre-trial Detention on BailDetention on Bail



Third parties would offer themselves or money as surety (a person legally liable for conduct of another)

Criticisms of bail Discriminates against the poor “Freedom has to be bought” Financial resources not related to risk

Release fromRelease fromPre-trial Detention on BailPre-trial Detention on Bail



Summons–used mainly with misdemeanors Bond options for felonies

Personal recognizance Unsecured bond Percentage bond Surety bond Collateral Third-party custody

Alternatives to BailAlternatives to Bail



Release on recognizance (ROR)–most frequent release mechanism

Manhattan Bail Project–assist judges in identifying people who were good candidates for ROR

Supervised pre-trial release programs (SPTR) Gave chance for release for those that were poor

candidates for other release mechanisms Response to concern for the public

Pretrial Service ProgramsPretrial Service Programs



The Role of Plea Bargaining The Role of Plea Bargaining and Sentencingand Sentencing

Plea bargaining–agreement of the defendant to enter a plea of guilty in exchange for a reduced sentence Function of the prosecution and court

system, but has implications for corrections and sentencing process



Pre-Sentencing Pre-Sentencing Correctional ActivitiesCorrectional Activities

Pre-sentence investigation–report detailing background of offender used in decisionmaking process of sentencing Prepared by probation officer Usually completed only on felony

offenders



Purposes of the PSIPurposes of the PSI

Used in sentencing court Determining supervision needs of offender Used by prison officials in classification

and program needs Used by parole board in making release

decisions Research purposes



Pre-sentence InvestigationPre-sentence Investigation

Collecting Information for the PSI Interview the offender Information verified by probation officer Interview others such as parents and

spouses Search official records (police reports,

military records, witness statements)



Contents of PSIContents of PSI Personal data Court information Release status Offense information Victim impact

Criminal history Offender

characteristics Financial information Sentencing options Recommendations



The Sentencing DecisionThe Sentencing Decision

Penal code–a statute passed by legislature listing range of sanctions allowable for each crime

Sentencing options

Economic sanctions

Intermediate sanctions

Probation Short-term confinement

Imprisonment Capital punishment



Concurrent sentences–assigned to run at the same time

Consecutive sentences–run one after another

Sentencing OptionsSentencing Options



Indeterminate sentencing–judges set a minimum and maximum time, with release authority or parole board deciding when offender is released

Sentencing ModelsSentencing Models



Determinate sentencing–sentences of fixed terms Good time–concept used in early reform

of determinate sentences; time off for good behavior

Truth in sentencing–must complete 85% of the sentence before eligible for release

Sentencing ModelsSentencing Models



Judicial form of sentencing–judges granted considerable discretion in sentencing decisions

Administrative form of sentencing–grants considerable discretion to officials of the executive branch of government

Legislative form of sentencing–grants most of discretion to legislative branch of government

Judicial Discretion in SentencingJudicial Discretion in Sentencing



Mandatory minimum sentences–for certain crimes there must be a sentence to prison for a set minimum term

Three-strikes laws–third-time felons are sentenced to long periods of incarceration

Presumptive sentencing–predetermined range of a minimum, average, and maximum term for a specific crime

Judicial Discretion in SentencingJudicial Discretion in Sentencing



Sentencing GuidelinesSentencing Guidelines

Sentencing guidelines–A system of structured sentences, based on measures of offense severity and criminal history, that is used to determine the length of the term of imprisonment

Combine both minimum mandatory and presumptive sentencing approaches



Drug Courts:Drug Courts:A Creative Sentencing OptionA Creative Sentencing Option

Philosophy is not to punish but to change behavior

Offenders usually diverted from traditional criminal processing

Preliminary evaluations show some success in reducing drug use

chapter 2 sentencing and the correctional process corrections: an introduction, 2/e seiter ©2008...

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