criminal trial punishment and sentencing. the trial stage of justice is one of the cornerstones of...

Criminal TrialCriminal TrialPunishment and SentencingPunishment and Sentencing

Criminal TrialCriminal TrialPunishment and SentencingPunishment and Sentencing

The trial stage of justice is one of the cornerstones of American freedom.

Criminal TrialCriminal Trial

How do we insure defendants a fair trial?– Constitutional Rights

Right to Confront Witnesses Right to a Jury Trial Right to Counsel Right to Speedy Trial


Constitutional Rights– Right to Confront Witnesses

Sixth Amendment guarantee Right to confront adverse witnesses

– Why is this significant?


Constitutional Rights– Right to a Jury Trial

Sixth Amendment guarantee

Unanimous Verdict Usually Required in Criminal Trials

– Federal criminal trials– All but two states criminal trials

Sixth Amendment does not require unanimous verdict


Constitutional Rights– Right to Counsel

Sixth Amendment guarantee Indigent defendants guaranteed counsel if there is a

possibility of incarceration

Applies to adults and juveniles


Constitutional Rights– Fair Trial

Fifth Amendment guarantee

– What constitutes a fair trial?


Constitutional Rights– Public Trial

First Amendment guarantee The public and the press have right to attend trials

– Richmond Newspapers vs Commonwealth of VA (1980)


The Process– Jury Selection (maybe)– Trial– Verdict– Sentence– Appeal (maybe)


Sentencing: Important Terminology– Suspended Sentence– Indeterminate Sentence– Imposition of Sentence Suspended– Split Sentence


Sentencing Terminology– Suspended Sentence

A punishment imposed and suspended on the condition(s) that an offender abide by agreed upon rules.


Sentencing Terminology– Indeterminate Sentence

A punishment imposed with an open-ended timeframe within which a judge can impose any or all of the statutory maximum sentence for a violation of agreed upon terms.


Sentencing Terminology– Imposition of Sentence Suspended

A punishment imposed with an specific timeframe within which a judge can impose any or all of the statutory maximum sentence for a violation of agreed upon terms.


Sentencing Terminology– Beyond A Reasonable Doubt

Civil TrialCivil Trial

Sentencing Terminology– Preponderance of Evidence

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Read assignments.Participate in class discussions.Review notes weekly.

Punishment and SentencingPunishment and Sentencing

Criminal punishment is complex and controversial.

Controversy over punishment involves its nature and extent:• Is it discriminatory? (Race, Gender, Class)• Is it applied equitably in similar situations?• Is prison imposed too often?


What is punishment?

What is criminal sentencing intended to accomplish?


What is the popular perception of punishment in America?

Does imprisonment reduce crime? Does imprisonment reduce crime better than probation? Is is possible that prison contributes to increased crime?


If prison is no more effective than probation at reducing crime, and prison costs 13 to 18 times more than probation, why is prison used so much?


General Deterrence

Specific Deterrence


Incapacitation


Retribution

Just Desert– The view that criminals deserve punishment in proportion to

the seriousness of their crime


Rehabilitation


Equity


Sentencing authority may be exercised by:– Judge– Jury– Mandated By Statute


Consecutive Sentence

Concurrent Sentence


Determinate Sentence is characterized by

Indeterminate Sentence is characterized by


Good Time – Is associated with Indeterminate Sentencing


What really works in reducing crime?– Arrest and Punishment

– Leniency

– Probation

– Substance Abuse TX

Punishment and SentencingPunishment and Sentencing Sentencing Guidelines

– Specify criminal sentences based on crime seriousness and offender background

Punishment and SentencingPunishment and Sentencing Sentencing Patterns

– Criminal sentences are decreasing in the average

Punishment and SentencingPunishment and Sentencing Capital Punishment

– 38 states and the federal government impose the death penalty– Lethal injection most common method– Demographics

More than half the world’s countries abolished the death penalty In 1999: 85% of known executions took place in 5 countries

– China, Iran, Saudi Arabia, Democratic Republic of Congo, USA

– International human rights treaties prohibit child executions Some countries still execute children (under age 18)

– Iran, Nigeria, Pakistan, Saudi Arabia, Yemen, USA– Since 1990: Highest Number USA


– Is there racial bias imposing the death penalty?

– Is the death penalty cost effective?

– Does the death penalty deter crime?


– Brutalization Effect The belief that capital punishment creates an atmosphere of brutality,

reinforces the view that violence is an appropriate response to provocation, and encourages rather than deters criminal violence

Punishment and SentencingPunishment and Sentencing Race and Sentencing

– Is criminal sentencing racially biased?


End of Quiz #3 Material

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Read assignments.Participate in class discussions.Review notes weekly.

criminal trial punishment and sentencing. the trial stage of justice is one of the cornerstones of...

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