crim 100 - chapter 11

punishment and sentencing

goals of punishment

1. general deterrence

2. specific deterrence

3. incapacitation

4. retribution

5. rehabilitation

6. diversion

7. restitution

8. restoration

general deterrence

• crime control policy that depends on the fear of criminal penalties

• long prison sentences ensure that rational criminals will understand that the risk outweighs the rewards

specific deterrence

• a crime control policy that embraces the idea that those who go to prison should experience it as a punishment significant enough and bad enough that they will not want to return

• focused on recidivism

incapacitation

• policy of keeping dangerous criminals in confinement to eliminate the risk of repeat offending

• if they are in jail, they cannot commit new crimes

retribution (aka just desert)

• people who violate the laws deserve to be punished

• you earned your sentence

• does not depend on setting an example for others

• only focused on punishment based on how blameworthy an individual is

rehabilitation

• treatment of offenders for mental and physical issues will present a risk of re-offending

• looks at the underlying causes of crime in offenders

diversion

• getting non-dangerous offenders out of the system

• stigma and labeling for these types of offenders is what causes the later re-offending

restitution

• because criminals gain from their crimes, they should pay back society and individuals for the losses sustained as a consequence

• pay back victims for losses

• pay back the justice system and society for the costs of processing them

restoration

• based on a healing model rather than retribution and revenge

• encourages reconciliation between offenders and victims

• mediation programs

• sentencing circles where crime victims and families are brought together with offenders and their families

factors considered in sentences

severity of crime, prior record, was violence used was a weapon used, was it for money, victim impact, social class, gender, age, victim, race

what impact do harsh sentences have?

• some studies refelct that harsh sentences produce counterintuitive results. why?

  • defiance - perceived unfair punishment fosters resentment and defiance, increasing recidivism

  • stigma - harsh punishment amplifies social labeling, limiting reintegration opportunities

  • gambler’s fallacy - offenders believe they’ve ‘paid their dues’ or won’t get caught again

  • community impact - excessive sentencing undermines trust and cooperation with law enforcement

indeterminate vs determinante sentencing

• indeterminate - has a parole system, sentenced to a minimum and maximum, and after you serve the minimum, you’re qualified to apply for parole

• determinante - a fixed term of jail time that is determined at sentencing, no parole board for early release

concurrent vs consecutive sentencing

• concurrent - Prison sentences for two or more criminal acts, served simultaneously and run together

• consecutive - Prison sentences for two or more criminal acts, served one after the other

mandatory sentence

A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses

truth in sentencing laws

A sentencing scheme requiring that offenders serve at least 85 percent of their original sentence before being eligible for parole or other forms of early release

three-strikes law

provide lengthy terms for any person convicted of three felony offenses

good time vs gain time

• good time - sentence reduction mechanism allowing inmates early release, good time is awarded for good behavior and a clean record, it’s taken away if they don’t maintain that

• gain time - earned through participation in work, education, or rehabilitation programs, prepares inmates for re-entry to the community

streisand effect

when you don’t want something public so maybe you sue someone t prevent it from becoming public but that backfires and it becomes more popular

first appearance

• first appearance before the judge

• informed of your charges

what goes into a sentence

• sentencing hearing evidence

• victim input

• PSI reports