Chapter 15: Criminal justice process - sentencing and corrections

What is the most critical stage in the criminal justice process?

the sentence

Why is sentencing the most critical stage in the criminal justice system?

A defendant can be put away for years if not life or death.

Recidivist -

a repeat offender / an individual that commits two or more crimes.

The criminal sentence serves the purpose of what?

retribution, deterrence, and rehabilitation

Who determines the sentence?

Judge, but they have guidelines and freedom when sentencing

Some states have mandatory sentencing laws and judges have little discretion in setting the sentence why?

It depends, some judges are stricter and some are liberal

sentencing depends on __________ and _______ circumstances?

aggravating / mitigation

aggravating / mitigation is used to insure what?

that sentencing is individualized to the offender and the crime, its used in all sentencing options.

Aggravating -

making something worse or more serious.

Ex: cruel manner of the attack - premeditated execution etc.

Mitigation -

making something less bad, less serious, or less harsh

What are the types of sentencing options ?

- Suspended sentence

- Probation

- Home confinement

- Fine

- Restitution

- Work release

- Imprisonment

- Pretrial Intervention (PTI)

- Death

- Pre-sentence report

- Concurrent sentence

- Consecutive sentence

Suspended sentence -

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

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

Home confinement -

Defendant serves term at home. Required to wear monitor bracelet.

Can they leave? For what?

Work ( no travel, show pay stubs ) , school, doctors appointment (must wear monitor bracelet)

Can you leave during emergency's?

yes, things such as a fire, medical, threat of bodily harm

How much does the defendant pay for the monitoring ?

The defendant pays $8.00-$40.00 / day

Fine -

Defendant must pay the government certain amount of money set by court. Can confide with imprisonment or probation.

Restitution -

Defendant is required to pay back to the victim for injury or loss. May be imposed in addition to a sentence or probation

Work release -

The defendant works in community but must return to jail at night.

Imprisonment -

Defendant is sentenced to term in jail or prison.

Pretrial Intervention (PTI) -

Given only once in a lifetime. Cannot be longer than 36 months and must be completed in full. If you receive PTI in NJ and commit a crime in another state you will not receive PTI again. Non violent offenses. When completed in full no record.

Death -

Defendant is sentenced to die

Pre-sentence report -

a report, prepared by probation department with description of offense, past criminal history, info on medical, education, employment, debt, fines, and recommended sentence.

Who gives input ?

The prosecutor and defense attorneys

Concurrent sentence -

Will serve two sentences at once

Consecutive sentence -

One sentence after the next

If you receive a life sentence in NJ it is a min of how many years before parole?

30 years

Levels of crime

- 1st degree 10-20 years - 85% max -$200,000 fine

- 2nd degree 5-10 years - 85% $150,000 fine

- 3rd degree 3-5 years - 1/3 $15,000 fine

- 4th degree 1 1/2 years - 1/3 $10,000 fine

- Disorderly person offense - not to exceed 6 months

- Petty Disorderly offense - not to exceed 30 days

What is the Three Strikes rule?

A sentencing option that reflects a get tough attitude toward crime.

If two people commit the same crime do they get the same sentence

No they get different sentences

What does the 8th Amendment say about punishment?

Punishment must fit the crime.

What does the 8th Amendment protect against?

- 1. Limits the kind of punishment imposed on those convicted of a crime.

- 2. Protects against gross punishments that do not fit the crime.

- 3. Limits what may be made punishable.

How long does one have to file a motion to change a sentence in NJ?

Within 60 days of the sentence.

What are Jail Credits in NJ?

A defendant will receive credit for any time served from the date of arrest to the sentencing date, which is discretionary and not part of Due Process.

Sentencing process :

- 1. Defendant must be present at

sentencing unless he signs waiver

- 2. Defendant will be asked if they

want to make a statement

- 3. Court must advise defendant that they have a right to appeal the sentence

- 4. Prosecution can appeal sentence

Purpose of Punishment

To show society that if you do not abide by laws you cannot live among us.

Retribution

To punish for doing something wrong.

- At one time this was the primary

reason for punishing criminals.

- "An eye for an eye and a tooth

for a tooth"

Deterrence

Punishment will discourage the offender from committing another crime.

-Punishment will deter others from committing a crime

Rehabilitation

Helping convicts change their behavior to lead productive lives after release.

Incapacitation

Separate criminal from society so community is protected.

- No threat if in prison

Criminal Sentence Purpose

Serves the purpose of retribution, deterrence, and rehabilitation.

Every person convicted of a crime in NJ has to give a _____?

DNA sample

Parole -

release of a convicted person from prison before entire sentence is completed and will be supervised in the Community. Go in front of parole board. Usually after 1/3 of your sentence is completed

Parole is a privilege not a ___?

Right

Is every convicted criminal granted parole?

Not every convicted criminal are granted parole, 40% of inmates are eligible for parole and will not get released at that time

- Federal systems and some states make no parole ( for federal crimes in federal court )

Supervision Types :

• Home visits

• Office visits

• Employment verification

• Conditions of Supervision ( who criminals talk to )

Conditions of supervision :

• obey all laws and ordinances

• Refrain from drug possession and use

• Attend Counseling

• Reside at approved address

• Cannot leave State w/o permission

• no contact with Victim

• no permission of firearms

• Abide by curfew

• Computer maintaining

• Counseling

• Community Contacts