Welcome to CJ 101!!Kaplan University

Professor Chad RosaUnit 7

Kaplan University

Once again, a few reminders………

Your Professor – Me

Minnesota – southern metro area

Over 18 years of criminal justice experience including: private security, state patrol, municipal patrol officer and school resource officer

Online Learning at KU KU stands for Kaplan University

Each class is 10 weeks long

Each week is called a Unit

Each unit has several graded items – check the gradebook!!

Online Learning at KU Each unit/week starts on Wednesday & ends at 1159 pm EST on Tuesday

Start your work for each Unit early – DON’T wait until the end of the week to complete your work

Online Learning at KUWant to be successful in my class?

The following are the secrets…

Reading Each unit has a reading link – which tells you which chapter(s) to read

Electronic book/chapters in docsharing

PowerPoints – Read both Start your work for each Unit early – DON’T wait until the end of the week to complete your work

Discussion Questions Each unit has a discussion board question

Always answer the question with at least a 100 word response

Always “reply” to one other student for each question. Must give good input and thought – not “good post” etc

Quizzes Many units will have a quiz

You can always retake a quiz to get a better grade – most recent score is kept

However, quizzes are only open during the unit, never accepted late

Seminars EASTERN TIME No seminar during units 5 or 10

Participation & quality input

If you miss a seminar – alternate assignment to DocSharing, NOT Dropbox

Seminars If you miss a seminar – Review the instructions in the seminar link of each unit. To receive credit for the seminar if you are unable to attend, you are required to write a 1 page paper summary on what we covered.

Review the seminar archive for additional information.

Submit your assignment using the Doc Sharing tab.

Select the option to send to your instructor only.

More Success Go in to DocSharing and print out my example paper and EXACTLY follow that format

MUST write all papers in a Microsoft Word document

MUST write in Times New Roman size 12 font and double space

Cover/title page, body of text and reference page

Gradebook Always check your grade book Click on each individual grade so you can read my comments

You can always redo and resubmit any work for a better grade – BUT only within ONE week

For example, you receive a low grade on your Unit 2 paper – you have until the end of Unit 3 to resubmit it if you want to

Late Work

Late work will only be accepted one week late – for up to full credit

After one week – no credit will be given

Unit 6 Recap!!

Graded items:Discussion Board – discuss SQ results

QuizSeminar

What do I have to do to complete Unit 7?

Read Chapters 10 & 11Discussion Board – Trial Stages

Attend the Seminar Complete the Quiz

Unit 7

Pretrial, Trials and Sentencing

Unit 7 examines the administration of justice through sentencing. If convicted, defendants move to the sentencing phase in the criminal justice process. Sentencing has followed many

models, some aimed at rehabilitating the convicted offender and others designed merely to administer punishment. There is no clear

consensus on which model achieves the intended goal of reducing recidivism.

Unit 7 The forms of criminal punishment The goals of modern sentencing and sentencing models

The rationale behind mandatory minimum sentences, "three-strikes and you’re out" legislation, and capital punishment

Unit 7-Sentencing Sentencing—the imposition of a criminal sanction by a judicial authority.

Most sentencing decisions are made by a judge, though in some cases, especially death-eligible cases, juries are involved..

Traditional Sentencing Options

ImprisonmentFinesProbationDeath

Sentencing Philosophies

Sentencing philosophies

Form the basis for various sentencing strategies.

Are intertwined with issues of religion, morals, values, and emotions.

Unit 7-Sentencing

Describe the five goals of contemporary criminal sentencing

Unit 7-Sentencing Modern sentencing practices are influenced by five goals:

1.Retribution2.Incapacitation3.Deterrence4.Rehabilitation5.Restoration

Retribution

The act of taking revenge on a perpetrator.

Early punishments were swift and immediate.

Death and exile were common punishments. Retribution follows the Old Testament: “Eye for an eye.”

Retribution holds offenders personally responsible; they get their “just deserts.”

Incapacitation

The use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses.

In ancient times, mutilation and amputation were used to incapacitate.

Incapacitation requires restraint, not punishment.

It is popular in the U.S., as evidenced by the increase in prison populations. (Some call this the “lock ‘em up” approach).

Deterrence A goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment.

It demonstrates that crime is not worthwhile.

Overall goal is crime prevention. There are two types of deterrence:

Specific General

Deterrence Specific Deterrence

Seeks to prevent recidivism—repeat offending by convicted offenders.

General Deterrence Deterrence

Tries to influence the behavior of those who have not yet committed a crime yet may be tempted to.

Rehabilitation The attempt to reduce the number of crimes by changing the behavior of offenders.

Education, training, and counseling are some of the vehicles used.

The concept was developed in the 1930s as a result of the growth of psychology.

Restoration A goal of criminal sentencing that attempts to make the victim “whole again.”

Crime is a violation of a person as well as the state.

Restorative justice addresses the needs of the victim.

The following are involved: Counseling Work programs Restitution

Compensation for medical bills, lost wages, personal suffering

Unit 7Unit 7 Illustrate the difference between indeterminate and structured sentencing

Everybody take a shot at it!!!!

Indeterminate Sentencing A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences.

Indeterminate sentencing allows judges to have a wide range of discretion.

Sentences are often given in a range, i.e., “ten to twenty years.”

Probation and parole are options. Degrees of guilt can be taken into account.

Indeterminate Sentencing The behavior of the offender during incarceration is the main determining factor in release decisions.

Gain time - time deducted from a prison term as a consequence of participation in special projects or program.

Good time - time deducted from prison term as a consequence of good behavior.

Structured Sentencing Structured sentencing developed, in part, as a response to the disparity in sentencing of the indeterminate model.

Structured sentencing includes: Determinate sentencing Voluntary/advisory sentencing guidelines Commission-created presumptive sentencing

Determinate Sentencing A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or earned time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars.

Determinate Sentencing Offender is given a fixed sentence length. The sentence can be reduced by “good time.”

The use of parole is eliminated.

Sentencing Describe truth in sentencing

Give it a shot!!!!!!!

Sentencing Violent Crime Control and Law Enforcement Act of 1994

Provided money to entice states to pass “truth in sentencing” laws

Money to be used for prison construction in those states that complied.

Truth in Sentencing A close correspondence between the sentence imposed upon an offender and the actual time served prior to release from prison.

An important policy focus.

Sentencing Define mandatory sentencing…

Mandatory Sentencing Mandatory sentences are a form of structured sentencing that allows NO leeway in the sentence required for a crime.

Research suggest that mandatory sentencing results in more selective arrest, charging, and diversion decisions and more trials.

Federal Sentencing Guidelines Explain the importance of federal sentencing guidelines

Federal Sentencing Guidelines Purpose of the Guidelines is to:

Limit federal judges’ discretion Reduce disparity Promote consistency and uniformity Increase fairness and equity

Presentence Investigation Report

Describe the nature and importance of the presentence investigation report

Presentence Investigation Report (PSI)

Before sentencing, the judge may request information on the background of the convicted defendant.

The PSI Report provides such information.

Typically, these reports are prepared by probation or parole officers.

Three forms of reports: long form, short form, and verbal report.

These include the PSI report writer’s recommendation.

Sentencing

Describe the history of victims' rights and services, and discuss the growing role of the victim in criminal justice proceedings today

Remembering the Victim Since the 1970s, a grassroots movement has called for greater consideration of victims and their survivors.

Today, victims’ assistance programs help crime victims understand the system and their legal rights, get counseling, file civil suits, and recoup financial losses.

Victim rights advocates want to add an amendment to the U.S. Constitution acknowledging the rights of victims to be present and heard throughout the process.

30 states have amended their constitutions.

Victim Compensation Restorative justice programs emphasize offender accountability and victim reparation. They provide the basis for victim compensation funds.

All states now have legislation providing monetary payments to help certain victims with medical expenses and lost wagers.

The USA PATRIOT Act makes victims of terrorism and their families eligible for victim compensation payments.

Victim Impact Statements

The victims’ rights movement also called for the use of victim impact statements before sentencing. These statements: Are generally in written form. Provide descriptions of losses, suffering, and trauma experienced by victims or their survivors.

Are designed to help judges make sentencing decisions.

Sentencing

List the four traditional sentencing options

Traditional Sanctions There are four traditional sanctions:

Fines Probation Imprisonment Death

A judge’s discretion to choose the sanction type varies depending on the structure of sentencing used within that particular jurisdiction.

Felony Sentencing in State Courts

Death Penalty

Capital punishment means the death penalty. It is the most extreme of all possible sanctions and is reserved only for especially repugnant crimes (known as capital offenses).

Death Penalty Capital punishment is a sentencing option is 38 states and the federal government.

States vary considerably with regard to the number of death sentences given and the number of executions.

Methods of imposing death vary by state. Most use legal injection. Electrocution, hanging, gas chamber, and firing squad are still on the books as a option in at least one state.

U.S. Executions by StateU.S. Executions by State1976-20041976-2004

Offenders on Death Row On January 1, 2006, there were 3,254 people on death row in the U.S.

98% male 43% white 13% Hispanic 42% African American 2% were of other races (mostly Native American and Pacific Islander)

Capital Punishment

What are the arguments for and against capital punishment………….

Abolitionist and Retentionist Positions on Capital Punishment

Arguments for Retention Revenge - Only after execution can survivors begin to heal psychologically

Just desserts - Some people deserve to die for what they did

Protection - Once executed, the person cannot commit another crime

Arguments for Abolition Has been used on innocent people and may be again

Not an effective deterrent

Imposition is arbitrary and discriminatory

Far too expensive Reduces society to the level of the criminal

The Future of the Death Penalty

There is little common ground between death penalty advocates & opponents.

The future of the death penalty likely rests with state legislatures.

Unit 7 Requirements Read Chapters 10 & 11 Attend the Weekly Seminar Respond to the Discussion Board – 100 word answer and respond to at least one other student

Take the Quiz Complete everything by Tuesday at 1159pm EST

Good Night That is all I have for tonight!! Have a great upcoming week!!