corrections ch 4

sentence

the punitive penalty ordered by the court after a defendant has been convicted of a crime by a jury, a judge, or a plea bargain

when does sentencing occur?

about 30 days after conviction

who pronounces sentence?

the judge

death penalty = jury

factors that determine severity of sentence

the severity of the crime, extent of criminal history

justice

moral concept that is difficult to define - people must be treated in wats consistent with norms of fairness, in accordance with what they justly deserve by their behavior

most common sentence imposed

a fine

most common supervisory sentence

probation

indeterminate sentence

no exact time frame on when sentence ends - given a time frame

Parole board evaluates sentence and determines when you get released

gives an incentive for good behavior

prominent during medical model

indeterminate sentencing criticisms

liberal - too much discretion is discrimination

conservatives - too lenient on criminals

determinate sentencing

given a fixed number of years they have to serve

maximum time is set by legislature

determinate sentencing criticisms

everyone gets the same sentence - not always fair

people get out early - others do not trust the system

truth in sentencing laws

discretion is taken away from judges - moves to prosecutor

a truthful connection between sentence and time served

restrict parole - no motivation to behave

serve 85% of sentence before parole/release

mandatory minimums

probation is not an option for some crimes - minimum time served is set by law

• violent crime is too serious for probation

• mandatory imprisonment as deterrent

habitual offender statutes

offenders with third felony convictions can be sentenced to life in prison regardless of the nature of the 3rd felony

three strikes law

LWOP

imposed on those convicted of murder

life sentence without the possibility of parole

consecutive sentence

two or more sentences must be served one at a time

increase the amount of time spent in prison

more violent crimes

concurrent sentence

two separate sentences served at the same time

less time served

sentencing guidelines

forms of containing scales with a set of rules for numerically computing sentences that offenders should receive on the basis of the crimes the committed/criminal records

presumptive

the average minimum number of months of prison recommended by the guidelines

mandatory

sentences indicated by the guidelines must be imposed unless there are compelling reasons for not following them

shock probation

used to shock offenders by exposing them to the reality of prison for a short period

• no more than 30 days - followed by probation

• young, first time offenders - relatively serious felonies but are considered redeemable

split sentence

require felons to serve brief periods of confinement in a county jail prior to probation

• may be served all at once or over a certain period

who sentences?

the judge

presentence investigation report

usually written in 30 days or less so offender can be sentenced in a timely manner

they are written by the probation officer

PO can recommend a sentence

PSI controversy

there is little time for judges to get to know the offender

POs may second guess a judges sentence - recommend a sentence they think the judge will agree with

power and influence of legislature

sets what the authorized process is

determines maximum prison time

makes punishment equal

prosecutors

recommends a punishment to judge

defense attorneys

advocates for the lowest possible penalty and a fair sentence after a client is convicted or pleads guilty

judges

have official say in sentencing unless it is a death penalty case

normal crimes

most crimes that are alleged have occurred in similar ways, the normal manner in which people commit crimes

• penalties appropriate for committing crime