Punishment & Sentencing

Amy GetschCrime and Justice

I. Philosophies for PunishmentA. Incapicitation (lock ‘em)

1. No more threat to society2. Take away criminal ability

B. Deterrence (stop ‘em)1. Prevent futurefuture crimes2. Set an example (cost/benefit analysis)

C. Rehabilitation (fix ‘em)1. Treat and cure (drug treatment, etc.)

D. Retribution (get ‘em)1. Get even2. Punishment fits the crime

II. Forms of SentencingA. Interdeterminate sentencing

1. Judge determines minimum and maximum terms for imprisonment

2. When minimum is reached – person is eligible for parole

B. Determinate sentencing1. Fixed sentencing

2. Offender serves an exact amount (usually cannot be reduced)

II. Forms of Sentencing (continued)

C. Truth-in-sentencing1. For certain crimes, you have to serve

at least 85 % of sentence

2. Part of “get-tough” movement

D. Good time1. Reduction in time served by prisoners

based on their good behavior

2. Not used as often as it was in the past

III. Forms of PunishmentA. Capital Punishment

1. The death penalty (38 states & the federal govt)

2. 1st degree murder, murder of a police officer

3. Electric chair, lethal injection, firing squad

B. Imprisonment1. Very common 2. Jails and prisons3. Overcrowding and budget problems

III. Forms of Punishment (continued)C. Probation

1. A community punishment2. Eases prison overcrowding3. Electronic monitoring, house arrests,

boot camps, etc.D. Fines

1. Mostly for minor crimes and drug cases

2. Part of salary or income in other countries

III. Forms of Punishment (continued)E. Community Service

1. Cleaning up litter on roads, painting, landscaping, etc.

F. Restorative Justice

1. Apologize, show remorse, admit your faults

G. Shame Punishment

1. Newest form

2. Shoplifters, sex offenders

IV. Sentencing DecisionsA. Sentencing Disparity

A. Crack v. cocaine possession (5. g v. 500 g.)

B. Sentencing GuidelinesC. Judges consider: Seriousness of offense, criminal

history, employment, victims

D. Mandatory Sentencing/Repeat Offender LawsA. Specific crimes

B. Long sentences

C. Ex: three strikes