SENTENCING AND CORRECTIONS

• CHAPTER 15• PAGES 172 -186

Why Might One Say That Sentencing is The most Important Step in the Criminal Justice Process?

• Determines a defendant’s fate for years and possibly for life.

List and Describe the Eight Sentencing Options

• Suspended Sentence• -Sentence given but not served at time it is

given

List and Describe the Eight Sentencing Options

• Probation-• -Release to supervision of probation officer

after agreeing to follow certain conditions

List and Describe the Eight Sentencing Options

• Home Confinement• -Serves time at home• -Can only leave for essential purposes

List and Describe the Eight Sentencing Options

• Fine-• -Must pay government an amount of money

set by the court

List and Describe the Eight Sentencing Options

• Restitution-• -Required to pay back or make up for

whatever loss or injury was caused to the victim of the crime.

List and Describe the Eight Sentencing Options

• Work Release-• Allowed to work in community but must

return to prison at night or weekends

List and Describe the Eight Sentencing Options

• Imprisonment-• Term in Jail or prison• Some states have fixed or mandatory

sentences for specific crimes

List and Describe the Eight Sentencing Options

• Death-• Only used for most heinous offenses

What is the three Strikes Law? What was the reasoning behind such a law in California• Three Strike Law• -A strike is a conviction for a serious or violent

crime• - 2nd strike = sentence is doubled• -3rd strike- 25 years to life with no chance of

parole before 25 years• Law was created after a 12 year old girl was

kidnapped and murdered by a man on parole

What factors help a judge determine a defendant’s sentence?

• Judge’s theory of convictions• What Judge believes is in the best interest of

society• Presentence report• Recommendations from defense attorney and

prosecutor

Why do people criticize the system of sentencing? Do you think it needs to be reformed?

• Some believe it gives judges too much discretion

• Some believe it would be a mistake to take away a judge’s discretion because outside factors lead to criminal behavior

What is the purpose of punishment

• Retribution- “eye for an eye” Society punishes criminal rather thanindividualsDeterrence- To discourage offender from

committing another crimeRehabilitation– Help convicted persons change

behavior so they can become useful and have productive lives.

Incapacitation- Criminal separated from society to protect society

Define Parole. Do you think defendants should have such a privilege?• -Release of convicted person from prison

before the entire sentence has been served• -Some states criminals are eligible after

serving minimal sentence: others eligible after portion of total sentence has been served

What are the guidelines for determining whether a defendant

is sentenced to death or life imprisonment?

• -Aggravating Circumstance• -Mitigating Circumstance

What are the three phases of reentry?

• Begin in Correctional Facilities 1. Provide education, mental health services,

substance abuse treatment, job training, and mentoring to convicts

• Focus on transition from institution back to society

• Link individuals who have left supervision of justice system with a network of social services