Nutile CJ 101: Chapter 11- Sentencing

Sentencing

The imposition of a criminal sanction by a judicial authority

List the 9 Sentencing Options

1. Suspended Sentence

2. Probation

3. Home Confinement

4. Fine

5. Restitution

6. Work Release

7. Imprisonment

8. Pre-Trial Intervention (PTI)

9. Death

Suspended Sentence

An unsupervised sentence that is given but does not have to be served at the time it is given.

- Usually, first-time offenders

Probation

Defendant is on supervised release after sentencing by a probation officer after agreeing to follow certain rules.

- Drug-free, get a job, no travel, etc.

Home Confinement

Defendant serves term at home.

- Required to wear monitor bracelet.

- Can leave for work or school.

Fine

Defendant must pay the government a certain amount of money set by the court.

Restitution

Defendant is required to pay back to the victim for injury or loss.

Work Release

Works in the community but must return to jail at night.

Imprisonment

Defendant is sentenced to term in jail or prison.

Pre-Trial Intervention (PTI)

Given only once in a lifetime.

- Cannot be longer than 36 months and must be completed in full.

- Non violent offenses.

Death

Capital punishment

- Defendant sentenced to die.

Methods of execution

Methods of Execution:

- Electric Chair

- Lethal injection

- Firing Squad

- Gas

Gregg v. Georgia (1976)

Reinstated the death penalty

Today, the average time before execution is...?

12 years and 9 months

Most of the delay in death row is due to...?

appeals

All death penalty cases get ____ automatic appeal.

1

Beyond the 1 automatic appeal, inmates can receive more appeals by filing ______________________.

Writs of habeas corpus.

Roper v. Simmons (2005)

Age is a bar to execution when the offender committed the crime when he was younger than 18.

- There is no upper age limit on executions.

What are the 5 goals of sentencing?

1. Retribution

2. Incapacitation

3. Deterrence

4. Rehabilitation

5. Restoration

Retribution

To punish for doing something wrong

What was one of the most common forms of retribution back then?

Death

- "Eye for an eye"

Incapacitation

Separate criminal from society so community is protected..

In ancient times, _______________ and ________________ were used to incapacitate.

mutilation/amputation

Deterrence

Discourage offender and others from committing another crime in fear of punishment.

What is the overall goal of deterrence?

Crime prevention

What are the two types of deterrence?

1. Specific deterrence

2. General deterrence

Specific Deterrence

The effect of punishment on an individual offender that prevents that person from committing future crime

General Deterrence

The recognition that criminal acts result in punishment and the effect of that recognition on society that prevents future crime.

Rehabilitation

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

- Education, training, and counseling

What is the ultimate goal of rehabilitation?

Reduce the number of offenses.

Restoration

Criminal sentencing that attempts to make the victim "whole again."

__________________________ addresses the needs of the victim.

Restorative justice

Sentencing options focus primarily on ________________________.

restitution payments

What country is the world leader in incarceration?

The United States

How many people are in the United States prisons and jails?

2.2 million

Intermediate Sentence

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

Determinate Sentence

A fixed term

- A jail or prison sentence that has a defined length and can't be changed by a parole board or other agency.

Truth in Sentencing

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

Mandatory Sentencing

- No leeway

- Take away judicial discretion

- Results in less plea bargaining and more trials

3 Strikes Law

A sentencing option that reflects the get-tough attitude toward crime.

What is the goal of the 3 Strikes Law?

Deter known offenders.

Another term for "3 Strikes Law"

Habitual offender laws

Presentence Investigation (PSI) Report

Provide judges with the backgrounds on convicted defendants awaiting sentencing

Who prepares (PSI) reports?

Probation officers

Concurrent

Will serve two sentences at once.

Consecutive

One sentence after the next.

When did the "Victim-Forgotten No Longer" movement begin?

1970s

Victims-Forgotten No Longer

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

Victim Compensation

Restorative justice programs provide the basis for victim compensation funds.

- States have legislation providing monetary payments to help certain victims.

The USA PATRIOT Act

provides compensation for victims of terrorism and their families.

Victim Impact Statements

Provide description of losses and are designed to help judge make sentencing decisions.

Traditional Sanctions (4)

1. Fines

2. Probation

3. Imprisonment

4. Death