week 10 sentencing

5 goals of punishment (DIRRR)

Retribution, deterrence, incapacitation, rehabilitation, restoration

Retribution

“Just deserts” Deserved punishment, eye for an eye. This helps the upheld standard

Incapacitation

Eliminates the offender from being able to commit the crime again. Imprisonment and capital punishment.

Deterrence

the action of discouraging an action or event through instilling doubt or fear of the consequences, punishment must be swift certain and sever in order for it to be effective.

Rehabilitation. (treatment)

A resource for the offender to be a constructive member of society. The goal is reform.

Restoration

Focuses on the victim and repairing the harm. To show the offender the real impact of their behavior, Promotes restitution to the victim and the community.

Sentencing structure

A sentencing structure is a legal framework guiding judges on punishments, balancing retribution, deterrence, rehabilitation, and incapacitation often using guidelines that map offense severity and criminal history to sentencing ranges, leading to various outcomes from fines and probation to prison, with models including indeterminate (min/max), determinate (fixed term), and presumptive (guidelines-based) systems

Indeterminate Sentencing:

Period of incarceration with minimum and maximum terms 5-25 years
• Release is determined by parole board

Structured sentencing

Determinate Sentence - Fixed period of incarceration determined by courts (25 years)
• Presumptive sentencing – judge determines period of sentence within a range set by
legislature

Mandatory Minimums

required minimums for certain types of offenders

Three strikes law

Three-strikes laws are criminal sentencing policies mandating severe penalties, often life imprisonment, for repeat offenders convicted of serious felonies, implemented in 26 states.

Truth sentencing

laws requiring convicted offenders to serve a substantial portion (often 80-85%) of their imposed prison sentence, limiting parole and reducing "good time" credits for good behavior or program completion, aiming to close the gap between the sentence given and time actually served for greater certainty and punishment, especially for violent crimes