SentencingWhat purpose is served by establishing a system of punishment for those who commit crimes?

Purpose of Sentencing Retribution:

“an eye for an eye” Deterrence:

To discourage offenders from committing crime Rehabilitation:

Help person change their behavior Incapacitation:

Remove criminal activity form society

Two Theories of Punishment1. Utilitarian Theory

1. Deterrence –

2. Incapacitation –

3. Rehabilitation –

2. Retribution Theory1. Assaultive –

2. Protective –

Sentencing Options Suspended Sentence:

Sentence is given but not served at the time it is imposed

Probation: Released from custody into the

supervision of a parole officer Home Confinement:

Electronic surveillance is used to confine person’s movements

Sentencing Options Fine

A momentary amount is assigned to all crimes

Restitution Pay back or make up for whatever loss or

injury was caused. Work Release:

Released from jail for a period of time. “Weekend jail”

Sentencing Options Imprisonment / Incarceration:

Under one year = County Jail Over one year = State Prison

Parole: Period of time to check-in after

release from incarceration Life Sentence:

With or without possibility of parole Death Penalty:

Capital cases only = Coker v. Georgia (1977)

Capital Punishment Furman v. Georgia (1972)

From 1972 – 1977 the death penalty was unconstitutional

Aggravating Circumstances: Those factors that tend to make the crime worse

Mitigating Circumstances: Those factors that tend to make the crime less

severe

Capital Punishment Does the death penalty violate the “cruel and unusual

punishment” clause of the 8th Amendment? The courts have upheld many capital punishement statutes

What about an accomplice who is present at the time of a murder? Edmund v. Florida (1982)

Should juveniles be given the death penalty? Roper v. Simmons (2004)