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5 Sentencing Goals of Corrections
Punishment, deterrence, incapacitation, rehabilitation, and restitution
Mission of Corrections
The belief that the most important part of supervision of inmates and supervision of probationers and parolees in the community is protection of the public
Lombroso
Positive School/Theory of Atavism
Beccaria
Classical School
Bentham
Hedonistic Calculus
Tarde
Neo-Classical School
Augustus
Shoemaker and Father of Probation
Howard
Sheriff of Bedfordshire/Penitentiary Act of 1779
Penitentiary Act of 1779
Four requirements: Secure and sanitary structures, regular inspections, termination of fees charged to inmates, and although inmates confined separately in cells at night, they were allowed to work in common rooms during the day
Atavism
There is a link between physical traits and community (Ex: Criminals are mentally deficient, long arms, excess body hairs, prominent cheekbones, and large foreheads)
Early Responses to Crime
Considered “cruel and unusual” today; they include punishment such as banishment, stocks and pillories, branding, and burning at the stake
What was the first U.S. penitentiary?
Walnut Street Prison in Philadelphia, PA
Characteristics of Walnut Street Prison
Total isolation, no communication, prisoners required to wear masks, given work in their cells, and encouraged to read the Bible and do penance
Where and when was the first prisoner held in the U.S?
Walnut Street Jail in 1790
Correctional Funnel
Concept that is used to demonstrate the large numerical difference between crimes committed, crimes reported, and crimes incarcerated
Sentencing Guidelines
Structures sentences that take into account the severity of the crime and the offender’s prior criminal history
Felony
Most serious offense, possible incarceration of more than one year, and potential sanctions are more severe
Misdemeanor
Less serious offense, possible incarceration of less than one year, and often involve community-based sanctions
Summary
Least serious offense, up to 90 days of incarceration, and often includes fines/costs/restitution
Concurrent Sentencing
At the same time
Consecutive Sentencing
One right after another
Bail
The amount of money the accused must post to guarantee his/her appearance in court; the amount may be required in cash, or the offender may be able to use a bondsman
To determine bail, what will the district judge look at?
Severity of the crime, prior criminal history, ties to the community, and flight risk
What does R.O.R stand for?
Release on your Own Recognizance
R.O.R
The accused must promise to appear in court, if he/she does not appear at next court hearing, offender must pay the listed amount
Summons
An order to report for court proceedings (preliminary hearing) which required no bond
What might cause a summon?
Minor violations or summary offenses
Plea Bargain
Plea of guilty in exchange for a reduced sentence in which the court moves directly to sentencing
How many cases are plea-bargained?
Over 90%
Determinate Sentencing
Sentences with a “fixed term” in which the defendant is still entitled to ear “good time”
Indeterminate Sentencing
Sentences with a minimum and maximum time to serve in which a release authority such as a parole board determines the actual amount of time served
Why do a lot of courts choose diversion?
Too many offenders which costs a lot and overcrowds
What offenses can be diverted?
Minor offenses and those with no prior criminal history
What are some diversionary alternatives to incarceration?
Fines/Costs/Restitution, programs/mental health court/drug court/probation, probation without verdict/accelerated rehabilitative disposition
Pretrial Diversion
The suspension of the criminal process while the accused is provided a chance to participate in treatment programs such as ARD or PWV and if successfully completed, there is no formal record
What does PSI stand for?
Presentence Investigation Report
Who completes PSIs?
A probation officer or presentence officer
When are PSIs used?
Felony cases that allow the possibility of parole
What do PSIs contain?
Information to assist judges in the sentencing process
What do PSIs provide?
Details of defendant’s background, offender risk and chance of success, and sentencing range
Pretrial Process
The steps in the legal process prior to trial which encompasses pretrial detention, whether an offender is eligible for bail or other supervision alternatives, whether the offender is eligible for diversion from the criminal justice system, and legal representation
Supervised Pretrial Release
Community supervision prior to trial where offenders must follow specific conditions, report to trial services officer, and return for violation of conditions
When was the Manhattan Bail Project?
1960s
What was the purpose of the Manhattan Bail Project?
To address overcrowding and to help judges determine who would be the best candidates for pre-trial release
What was the criteria created to score offenders and recommend who to release in the Manhattan Bail Project?
Biggest factor of whether or not people are going to show up for trial
What were some of the options for the Manhattan Bail Project?
R.O.R, bail, pretrial detention, and supervised pretrial release for high-risk offenders
Who and when were the Truth in Sentencing Statutes created?
Congress in the 1980’s
Why were the truth in sentencing statutes created?
To encourage states to adopt with the promise of federal funding to build new prisons
What was the mandate in the truth in sentencing statutes?
Mandated for determinate sentencing where the individual had to complete at least 85% of their sentence before being eligible for release
Characteristics of First-Generation Jails
Linear design, cells are aligned in long straight rows, walkway in the front for corrections officers to walk by and observe, very secure, no privacy, and no dayrooms or rec areas
Characteristics of Second-Generation/Podular Jails
Corrections officers in a secure control room which overlooks cells and dayroom, remote supervision with electronic controls, includes a common area in the middle of the cell block for inmate recreation with tables, chairs, and television, better inmate to staff ratio
Characteristics of Third-Generation Jails
Corrections officers are located in the housing unit in direct contact with inmates
Disadvantages of Second-Generation Jails
Officers have limited contact with inmates
Preventive Detention
Detaining the accused person in jail to protect the community against crimes that a person may commit or for flight risk
Three Strikes Laws
These laws require a judge to impose a particular sentence once a criminal is convicted of three felonies
Presumptive Sentencing
Predetermined range or minimum, average, and maximum term for a specific crime which has allowances for mitigating and aggravating circumstances
Bell v. Wolfish
8th Amendment case in which inmates protested being double bunked in single cells. The courts found that the inmates 8th amendment rights were not being violated citing a “punitive intent standard”
When and where did Bell v. Wolfish take place?
1979, Federal Jail in NYC
Examples of who the county jail houses?
Pending arraignment, awaiting trial, conviction, or sentencing
Probation, parole, and bail bond violators
Juveniles, pending transfer to juvenile authorities
Mentally ill offenders, pending transfer to mental health facilities
Military, for protective custody, contempt, or as court witnesses
Convicts awaiting transfer to state or federal facilities
Inmates’ assignment to work release
Inmates with sentences for misdemeanor crimes
Regional Jail
A jail that is funded and operated by multiple small counties to maximize resources
Standard Conditions of Probation
Conditions assigned to all probation cases by the courts
Special Conditions of Probation
Conditions of probation that are tailored to an individual probationer. Imposed on a case-by-case basis by the sentencing judge at his or her discretion
What must a probationer comply with the right to search?
Person, property, and residence
Who can a probationer be sanctioned by?
Probation officer or judge
Characteristics of Drug Courts
Judge determines offenders underlying needs primarily drug related
Criminal behavior secondary issue
Offender may be sentenced to drug court
Must qualify and apply
If approved, scheduled for plea and sentencing
Characteristics of Mental Health CourtsJudge determines underlying need = mental illness
Criminal behavior is a secondary issue
Offender may be sentenced for mental health court
Must qualify and apply
If approved, scheduled for plea and sentencing
Sentence will be a probation sentence
What does treatment court include?
Access to individual and family counseling, educational degrees, job skill training, and housing and transportation assistance
U.S. v. Birbaum
1920 case in which SCOTUS determined that probation is a privilege and NOT a right
Gagnon v. Scarpelli
1973 case which extended Morrisey rights to probationers
Mempha v. Rhay
1967 case in which probationers were granted the right to an attorney at the probation revocation hearing
Morrisey v. Brewer
1972 case that provided for a hearing to determine the factual basis for parole violations
Casework Supervision
Supervision with emphasis on helping clients with problems and counseling them to ensure that the probationer completes supervision successfully
Surveillance Supervision
Supervision with emphasis on monitoring and enforcing compliance with the rules of supervision in an attempt to detect violations leading to revocation and return to custody
Broken Windows Probation
A philosophy that mimics community policing where probation partners with citizen groups, churches, and other neighborhood organizations to take responsibility for supervising offenders in the community
General Deterrence
The belief that members of society will not commit crimes because they see others punished for their crimes
Specific Deterrence
The belief that an offender’s punishment will stop the offender from doing that crime again due to impact
Sanctions for Probation Violations
Punitive measures in response to a violation of conditions of probation supervision; they may include a range of measures from a written warning to arrest and revocation of probation
Early PA Prison Systems
Separate but silent - emphasized solitary confinement and prohibited inmates working together in groups
Auburn Prison Systems
Congregate but silent - had less mental illness, was cheaper to operate, and produced more goods
Mandatory Minimum Sentences
Sentences which give judges less discretion by mandating a minimum sentence for a particular crime
Probation
A jail sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crimes
Parole
The release of an inmate from incarceration prior to their maximum term of sentence
Judges Options at Sentencing
A range of sanctions including community service, fines/costs/restitution, probation, incarceration, and capital punishment
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