Sentencing

4 Entities that Shape Justice

1) Legislative Branch

2) Judicial Branch

3) Executive Branch

4) The Prosecutor (UNOFFICIAL)

The Legislative Branch

• Responsible for passing laws and determining punishment

The Judicial Branch

• They select options of punishment from the legislative branch; they make the punishment fit the crime

The Executive Branch

• They appoint the parole boards and determine clemency

The Prosecutor (Unofficial)

• They choose the severity of the offense and arrange for plea bargains

Determinate Sentencing Structure: 1700-1930 (Legislative Branch)

• One punishment for all crimes

• No parole or probation (you served every day of the sentence)

Indeterminate Sentencing Structure: 1930-1940 (Judicial & Executive Branch)

• Legislative branch controls sentencing lengths

• Actual sentencing is determined by the judge and executive branch

• The judge controls length of sentence, choose from a range of options depending on the circumstances of the crime

• Executive branch chooses parole board

The Rehabilitation Model Challenged (1950-1974)

• Judges abused their discretion for choosing sentence, made sentencing look arbitrary and whimsical

Sentencing Disparity

• Same crime, different race, different punishments

Judicial Discretion

• Different crimes do different amounts of harm to the victim

• Availability of sentencing alternatives

• The degree of criminal intent/remorse

The Martinsen Report (1974): Ideology Shift/Conservative Response

• Intended to evaluate how good the rehabilitation model was

• Declared rehabilitation was ineffective; therefore, politicians shifted ideology from rehabilitation to punishment

• Conservatives formed a crime control agenda

Truth In Sentencing (1980)

• Federal legislators started a sentencing reform movement labeled “truth in sentencing” that called for an increase in the severity of sentences

Federal Legislation's Effect on State’s Legislative Sanctions

• Inspired states to demand inmates serve 85% of their sentences; otherwise funding decreased

Habitual Offender Laws (Originated @ State Level)

1) Three Strikes You’re Out Law

2) Mandatory Minimums

3) No More Parole (Fed idea, states copied)

The Prosecutor: Legitimate Factors

1) Is the case strong enough?

2) Is the offender willing to offer info about co-conspirators?

3) The prosecutor has a desire to lighten the caseload

4) Is there enough room in prison after sentencing?

The Prosecutor: Illegitimate Factors

1) The public’s perception of the case

2) The ethnicity of the defendant

3) Ethnicity of the victim