Chapter 8

What is the main function/goal of sentencing in the US?

Sentencing is the stage within the criminal justice process whereby a convicted defendant is provided with a sanction as a punishment for committing their offense.

What is the goal of retribution?

• Retribution is punishment inflicted on a person for the crime they committed. The philosophy of retribution is illustrated in the biblical verse “an eye for an eye.”

• Retribution is not concerned with prevention of future offenses, instead, focusing exclusively on the past criminal behavior of the offender and expressing moral condemnation for that act

 What are the goals of restorative justice?

• Restoration is a punishment rationale intended to repair damage to the victim and the community.

• argue that fairness, trust, and community interdependence are strengthened if we shift the focus of the criminal sanction away from a pure focus on penal law.

• They further argue that the restorative process better satisfies victims and the community while reducing recidivism.

  • Restorative practices require the offender to accept responsibility for the harm caused to their victim, the community, and work with the victim and community to repair the damage caused.

 What is determinate sentencing?

• a determinate sentence would require individuals who are convicted of the same offense to be sentenced to the same punishment.

What is indeterminate sentencing?

• sentence length for individuals convicted of the same crime will vary based on individual rehabilitative needs and their ability to “get better.”

  • Indeterminate sentencing is historically rooted in positivist conceptions of science whereby the sentence should be individualized to meet the rehabilitative needs of a specific offender.

What are mitigating factors?

• Mitigating circumstances are factors that lessen the gravity of the crime.

• Examples of mitigating factors include an offender who may have played a smaller role in the commission of a crime or an offender who lacks the ability to understand the seriousness of a crime due to their age.

What are aggravating factors?

• Aggravating circumstances are factors that make the commission of the crime more heinous.

  • Examples of aggravating factors include an offense against a particularly vulnerable victim or a crime causing extreme bodily harm.

What is the truth in sentencing?

• criminals can be released earlier from the min penalty but only once they have completed 85% of it

 What is deterrence?

Deterrence-based punishments seek to prevent future crime.

What is specific deterrence?

A specific deterrence perspective targets the individual who committed the crime.

 What is general deterrence?

the larger public will be prevented from committing crimes by observing the punishment of the individual who is sentenced for a particular crime.

What is the presentence investigation? Who does this?

• Prior to making a sentencing decision in felony cases, judges use a presentence report that helps them choose an appropriate sentence.
  

• The presentence report, which includes information such as criminal record, employment status, behavioral health, and substance abuse status, is most

• often prepared by probation officers and the reports are used to provide sentencing guidance for the judge.

What are sentencing guidelines? Why do they exist?

• a structured system that provides recommended sentencing ranges for criminal offenses, aiming to reduce disparity in sentencing and ensure that similar crimes receive similar punishments, while also allowing judges some discretion

What is sentencing disparity?

• Sentencing disparities are defined by a difference in sentencing outcomes that may or may not be attributed by legal and extra-legal variables considered within judicial decision-making.

What is sentencing departure?

• A sentencing departure occurs when a judge deviates from the sentencing guidelines, either upward or downward, based on specific circumstances or factors not adequately considered in the guidelines

 What is sentencing discrimination?

occurs when individuals, despite similar offenses and backgrounds, receive different sentences based on factors like race, ethnicity, or gender, rather than solely on the severity of the crime and the offender's history

What are habitual offender laws?

• Habitual offender laws, also known as repeat offender laws, and three-strike offender laws are applied to convicted offenders who continue to commit the same and/or similar offenses over and over again.

• These laws provide a mandatory penalty enhancement to individuals deemed to be career criminals.

• Three-strikes-and-you’re-out legislation

What are the goals of rehabilitation?

• focuses on the convicted individual’s treatment needs as opposed to the severity or gravity of the crime committed.

• Concentrated on the individual, rehabilitation attempts to treat and reform the causes of a particular criminal activity.