crju corrections 5 SRTUFY ME

Four entities that have power over the sentencing process

Legislature- makes laws, decides the penalties

Judicial(judge)- Select appropriate sentence based on laws

Executive(governor)- appoints members of parole board members and clemency.

Prosecutor- Chooses or seeks sentence severity (death penalty) arranges plea bargain

The Martinsen report -- 1974 and the legislators  - Ideological Shift

declared that rehabilitation was ineffective, began shifting from a rehabilitation ideology back towards a punishment ideology

the effectiveness of our correction system, starting with prisons. Talks about our strategies that were in place, recidivism rate high. politicians used to scare people with tough on crime

The 1980’s Federal legislative reform movement truth in sentencing -- Sentencing Shift -

increasing the severity of sentences.

shifting away from rehabilitation(indeterminate) back towards punishment(determinate)

to make sure states listened- if they didn't make inmates serve 85% of their sentence in incarceration. If they were released early on parole, they didn't get the money. And the money was highway money.

Federal legislation shaped state’s legislative sanctions

States legislative sanctions were shaped by the feds by making inmates serve 85% of their sentence or not qualify for highway funding (Threatened to take away federal funding)

The transition from indeterminate sentencing to determinate sentencing “habitual offender laws”

3 Strikes law- Third felony conviction, life without parole, ineligible for parole, prison in life

Mandatory Minimums- Adding fixed minimum sentences for specific crimes

Abolition of parole- Returning to determinate sentencing with no possibility of early release.

Judicial discretion

1. There was not much harm to the victim.

2. availability of the sentence alternatives that she or he has today

3. degree of criminal intent or remorse

Rehabilitation model (1950-1974) was challenged

Challenged because judges abused their discretion and it made sentencing look arbitrary and whimsical

Conservative response:

forward a crime control agenda

Racial discrimination in sentencing  

Racial discrimination in sentencing is termed sentencing disparity.

offenders differ between race and get different punishments for similar crimes.

The prosecutor’s decision to go to trial or bargain away --  legal factors  

1. If the case is strong

2. If they desire to lighten their case load

3. Prison overcrowding

Extra-legal factors in the prosecutor’s decision to go to trial or bargain away

1. Public’s perception of harm to the victim

2. Race/ethnicity of offender

3. Race/Ethnicity of victim

29% (1,050,177) violent-crime arrests +

71% (2,571,122) property-crime arrests

Violent and property-crime arrests 

 100,000  

juveniles

19,000 (19%) Running balance 81,000

dismissed flimsy evidence

   29,000 (29%) Running balance  52,000 

plead guilty misdemeanor probation  

  14,000 (14%) Running balance (38,000)

plead guilty felony probation       

33,000(33%) 5,000 running balance  

Found Innocent - released 

 2,000(2%) 3,000 running balance

Found guilty – prison                                         3%                

3,000 (3%) 0 running balance

Only 108,638 go to prison out of 3.6 million=

3% of arrestees get prison sentences