Ch. 14 Sentencing

what are the 5 philosophical principles to punishment

• retribution

• deterrence

• rehabilitation

• incapacitation

• restoration

describe retribution

• punishing offenders is the principle focus

• can be traced back to the code of Hammurabi

  • lex talionis - an eye for an eye, a tooth for a tooth

• seriousness of the punishment fits seriousness of crime

what is the history of retribution

• biblical times to 18th century - through revenge was acceptable

• enlightenment (18th century) - seen as barbaric

what became the prominent justification for retribution

just deserts

• offenders justly deserved to be punished for violating the law

• society is obligated to punish criminal behavior because such acts should be viewed as offenses against society

• social contract

define deterrence

the purpose of punishment is the prevention of future crimes

what did bentham argue

hedonistic calculus - decision to commit an act is governed by calculation to maximize pleasure and minimize pain

• punishment should assist in preventing crime by increasing pain

describe general deterrence

criminal punishment will prevent the specific individual from engaging in criminal behavior

describe specific deterrence

criminal punishment will prevent the specific individual from engaging in criminal behavior in the future.

what are the factors proposed to affect deterrence

• severity of punishment

• certainty of punishment

• celerity of punishment

describe the severity of punishment theory

the more severe the punishment, the less likely an individual will engage in the conduct

describe the certainty of punishment theory

the more certain an individual is that they will be caught and punished directly impacts their choice to engage in the conduct

describe the celerity of punishment theory

the faster an offense is punished following the commission of the crime, the more deterrent effect the punishment will have

describe rehabilitation

• the goal of punishment is to restore the convicted offender to a constructive member or society

  • criminal activity is seen as stemming from social or psychological disorders and treatment of these disorders should be the principal focus of corrections

• sentences should fit the offender rather than the offense

describe restoration

• seeks to replace retribution

• crime is conflict between individuals

• crime is secondarily a violation of government laws

• principle aim of criminal justice system should repair these injuries

• criminal justice system should facilitate involvement of victims, offenders, and community

what are the 3 elements to restorative justice

• crime is primarily a conflict between individuals, which results in injuries

• the principal aim of the criminal justice system should be to repair these injuries

• the criminal justice system should facilitate the involvement of victims, offenders, and the community

describe competing sentencing philosophies

no one philosophy alone may be sufficient (crime control efforts combine multiple philosophies)

describe how sentencing involved all 3 branches of government

• legislative - prescribe maximum sentences

• judicial - decides who will go to prison and not

• executive - control federal prison system and decides who will be released early for good time, etc

describe the legislative branch’s part in sentencing

legislatures define crimes and potential sentences from crimes

what is determinate sentencing

• identifies a specific amount of time for an offense

• because of the lack of evidence supporting rehabilitating and disparity between judicial sentences imposed, this has gained support

what is indeterminate sentencing

• provides a minimum and maximum amount of time to be served in prison for a specific offense

• 20th century legislatures have supported this

describe the judicial branch’s part in sentencing

• judges have the sole capacity to decide the sentence

• prior to the 1970s, judges had wide discretion on sentences imposed (rehabilitative era)

• post 1970s, judicial discretion has been criticized

  • judicial discretions has resulted in sentencing disparities

  • legislatures have taken steps to reduce judicial sentencing discretion

describe executive branch’s part in sentencing

• sentences are generally supervised by executive branch agents

• few prisoners serve their maximum terms of imprisonment

what is parole

the conditional release from incarceration, under supervision, after a portion of the prison sentence has been served

what is good time

days off a prison sentence as a reward for good behavior or participation in vocational, educational, and treatment programs

what are pardons

the president and state governors have the power to pardon any prisoner, reduce sentences, or make prisoners eligible for parole

what are some contemporary sanctions examples

• imprisonment

• home confinement

• probation

• fines

describe imprisonment

• although used throughout history, only recently has become the dominant form of punishment

• US imprisons more individuals per capita than any other nation globally

describe prison overcrowding

• prison overcrowding is a prominent problem within the US criminal system

• the prison population has more than tripled since the 1970s (slowing post 2000)

describe high costs

imprisonment costs approx $45,000 per year in federal prison

describe probation

supervising offenders while they carry out their sentence in the community

• probation is the primary alternative to imprisonment

• for every one person incarcerated, approx. 3 are placed on probation

• probation is significantly less expensive than prison

• probation is a judicial act, therefore, if violated a judge can revoke the agreement and incarcerate an offender

describe fines

one of the oldest and most utilized sanctions

• fines from traffic and ordinance violations generate over $1 billion annually for local governments

• fines can be imposed alone or with other sanctions

what is restitution

the requirement that an offender provide reparation to the victim for the harm caused by the criminal offense

what is direct restitution

the offender is required to make monetary payments to the victim

what is symbolic restitution

the offender makes reparation for the harm done in the form of good work benefiting the entire community

what are intermediate sanctions

sanctions in between probation and imprisonment

what are intensive supervision probation

involved strict reporting and meeting with probation officers daily

goal - reduce prison population by supervising higher risk offender in community

what is shock incarceration

sentencing an offender to a brief jail or prison sentence and then releasing on probation

describe the death penalty

• capital punishment was once the most applied sanction for convicted felons

• all western democracies (sans US) have abolished the death penalty

• 37 states and the federal government have death penalty laws

  • each state differs in what types of crimes are death-eligible

how many death row inmates are there and have the number been decreasing

3,500 and yes

what happens to death row inmates

• some are executed

• some sentences vacated

• some die while in prison

how long is the appellate process

average time is 12+ years

describe the cost of death row

• extremely costly due to the length appellate review process

• it costs approx. 10x more to execute a prisoner than to imprison them for the remainder of their life