CL CH 3

Roper v Simmons*

unconstitutional under the 8th amendment to execute individuals under 18 (less culpable, lack of maturity)

A penalty indented to exact revenge

will result in harsher punishment than a penalty designed to assist an offender to turn their life around

The majority of the states followed the example of the U.S congress which in 1788 prohibited federal courts from:

imposing whipping and standing in the pillary

Criminal punishment

powerful legal persuasion

early purposes of punishment

pain and shame

Truth in Sentencing laws

laws that provide that offenders must serve a significant portion of their criminal sentences

Purpose of punishment

emphasis on deterrence, retribution, incapacitation, education and treatment of offenders rather than on rehab

professor George P Fletcher writes

the central characteristic of a criminal law is that a violation of the results in punishments before a court

Megans Law

sexually violent offender registration laws are named in memory and honor of M. Kanka, a 7 y/o child who was sexually assaulted and murdered by a neighbor

Smith V Doe*

SC ruled that requiring convicted sex offenders to register their info with the state is not considered punishment (does not violate ex post facto)

Retribution

offenders receive the punishment they deserve (just deserts) (eye for eye)

assumes the individual knows what is right and wrong and is morally responsible

Specific Deterrence

punishment intended to deter or discourage an offender from committing another crime

• recidivism indicates they are rarely deterred

General Deterrence

punishment intended to deter individuals other than the offender from committing a crime

• other offenders rarely concerned or aware

Rehabilitation

punishment intended to reform offenders and transform them into law abiding members of society

• people are good

• reformers argue it is never actually pursued

Incapacitation

remove offenders from society to prevent them from continuing to menace others (cannot be deterred or rehabilitated)

• difficulty predicting future behavior

Selective Incapacitation

singles out repeat offenders and other dangerous individuals for lengthy detention

Restoration

stresses the harm caused by crime to victims and requires offenders to engage in financial restitution and community service to compensate the victim and community

• offender responsibility

• “make them whole once again”

Imprisonment

year or less= local jail

longer sentences= state or federal prisons

Fines

alternative or addition to incarceration $

Probation

the suspension of a prison sentence as long as the individual continues to report to the PO and adhere to certain requirements of personal conduct

Intermediate Sanctions

electronic monitoring, shock incarceration, restitution, community service

Death

28 states and the federal government provide this penalty for homicide.

the 19 other states and the DOC provide life w/o parole

assets forfeiture

legal process where the government seizes property and assets from individuals or organizations involved in illegal activities.

considerations regarding a crminal law

penalty characterized as civil or criminal

penalty historically viewed as criminal

penalty involve disability/restraint on personal freedom

based on intentional wrongdoing

promote a criminal punishment-associated purpose

determinate sentence

a fixed sentence by the state legislature

Mandatory Minimum sentence

the legislature requires judges to sentence an offender to a minimum sentence, regardless of mitigating factors

• can be reduced by good time credits

Intermediate sentence

the state legislature provides judges with the ability within certain limits to set a minimum and maximum sentence

• evaluated by parole board

Presumptive sentencing guidelines

provide standard sentencing ranges for specific crimes

• judges use them to determine sentences, but can adjust if there are special circumstances as long as they explain why

consecutive sentences

sentences for each criminal act that are served one after another

concurrent sentences

sentences for each criminal act are served at the same time

clemency

an executive governmental official reduces a criminal sentence

pardon

official act by a government leader or authority, typically a president or governor, that forgives a person for a crime and removes any remaining penalties or punishments associated with the conviction

Sentencing Reform act 1984

aimed to create more fair and consistent guidelines federal sentencing by establishing guidelines for judges to follow

• abolished federal parole and created the U.S. sentencing commission (7 members appointed by the president with approval of the U.S. senate

went from __sentencing to _ _ sentencing in 1984

indeterminate;determanite

plea bargin

negotiated agreements between the defense attorney and the prosecutor

• need judge approval, but often approved

Fact finding by the judge violates what amendment

6th

3 types of plea bargaining

charges: prosecutor drops some charges or reduces them

sentence: prosecutor requests a certain sentence such as concurrent or probation instead of prison

sentence recommendation: prosecutor doesn’t oppose the defendants request for a specific sentence, leaving the judge to decide

Most charges disposed of by:

guilty plea (favored)

Critics of plea bargining:

guilty pleas receive less severe sentences

• punishes individuals for exercising constitutional rights

• innocent defendants may plead guilty for shorter sentences

Violent Crime Control and Law Enforcement Act of 1994

• aimed to reduce crime through tougher sentencing

• increased police presence

• increased crime prevention programs

• authorized the federal government to provide more funds for prison construction and renovation to states that guarantee violent offenders serve 85% of their sentences (truth in sentencing)

Son of Sam Laws

prohibits offenders from profiting from their crime

Victims of Crime Act (VOCA) 1986

provided for a compensation fund and established office for victims of crime, which is responsible for coordinating all victim related federal programs

Crime Victims’ Rights Act of 2004

grants certain rights to victims of federal crimes.

• protected from the accused

• being notified of court proceedings

• having input during sentencing

• restitution

• treated with respect and fairness

Second chance act of 2008

supports programs to help formerly incarcerated individuals reintegrate into society

• funding, housing, job training to reduce recidivism

Eight amendment

prohibits cruel and unusual punishment

• applies to state and federal governments

• limits methods for inflicting punishment

• restricts amount of punishment imposed

• prohibits punishment of certain acts

Methods of Punishment

Punishments cruel if they involve torture/lingering death

• most courts not limited to acts condemned at passage: evolving concept

• death penalty is not cruel under constitutional definition

Considerations judiging whether punishment is cruel/unusual

• prevailing social values

• penological purpose

• human dignity

proportionality

a sentence shoudl “fit the cirme”

Furman V Georgia* 1972

Sc ruled that the death penalty as it was being applied at the time was unconstitutional because it was imposed in an arbitrary and capricious way violating the 8th and the 14th

Justice douglas

poor, minorities, uneducated, were given the death penalty and others were just given life in prison

Woodson V North Carolina * 1976

Sc ruled that treating all homicides alike resulted in death being cruelly inflicted on under deserving defendants (must consider character and circumstances)

Gregg v Georgia* 1976

SC case that reinstated the death penalty under a new framework

• guidelines to ensure consistent and fair application of the death penalty

• allowed states to resume capital punishment with stricter guidelines

death penalty authorized for

murder, espionage, treason

lethal injection

less expensive and more human

• drug manufactures stopped selling execution drugs in recent years

• wrongful convictions and release

• sc again approved of lethal injection in 2015

Kent V United States 1966*

SC ruled that juveniles must be given a fair hearing before their case can be transferred to adult court

Eddings v Oklahoma 1982 *

SC ruled that the trial court must consider all relevant mitigating factors (background, emotional state) when deciding on a death sentence

• trial judge only considered Eddings' youth as a mitigating factor, not his background or his emotional state

• excluding violated 8th and 14th

Thompson V Oklahoma 1988*

SC ruled that executing a person who was under 16 y/o at the time of their crime violates the 8th

Standford V Kentucky 1989 *

SC rules that executing individuals who were 16 or 17 at the time of their crime doesn’t violate the 8th

• reversed by Roper v Simmons

Three strikes and you’re out law

provides mandatory sentences for individuals who commit a third felony after being previously convicted for two serious or violent offenses

• strict penalties are also typically provided for a second felony

Rockefeller drug laws

Enacted in 1973 by NY governor Nelson Rockefeller

• imposed mandatory minimum sentences for the position and sale of narcotics 100-1

• selling 2oz or possessing 8oz of a narcotic substance will receive 8-20 years regardless of criminal history

Anti-drug abuse act of 1986 (and 1988 amendments)

mandatory minimums for various drug offenses

• allocated funds to drug prevention programs

• introduced disparity for black crack v white powder

Fair sentencing act of 2010

It reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio

prosecutors argue that minimum sentences are required to:

deter and gain cooperation

In the context of the Fair Sentencing Act of 2010, when a judge may issue a lesser sentence for a defendant who provides "substantial assistance”

it means that the defendant has cooperated with the authorities in a significant way. This cooperation could involve providing crucial information, testifying against co-conspirators, or helping to uncover other criminal activities

drug offenses flaws

inflexibility

disparities in enforcement

increasing prison population

disproportionate effect on minorities and women

Disparity

sentences for a particular offense are not uniform and vary from one to another

Clemency Project 2014

Attorney general Eric Holder helped non-violent federal inmates serving long sentences for drug related charges seek reduced sentences

• good behavior, no violence, no ties to gangs

• jeff sessions reversed holders guidelines in May 2017

First Step act 2018

• Recidivism Reduction: Focuses on reducing reoffending by creating programs and incentives for prisoners.

• Sentencing Reforms: Reduces certain mandatory minimum sentences and expands judicial discretion.

• Reentry Programs: Improves support for prisoners reentering society, including job training and education.

• Prisoner Treatment: Prohibits the use of restraints on pregnant prisoners and enhances other prisoner rights.

• Good Time Credits: Allows inmates to earn more time off their sentences for good behavior.

Robinson V California* 1962

SC ruled that a California law criminalizing drug addiction was unconstitutional (8th and 14th)

legalized recreational MJ

seven states and washington DC

legalized medical MJ

29 states and DOC

Opponents of MJ:

gateway drug, health risk, will jeopardize road safety

State v Chambers* 1973

decision by the New Jersey Supreme Court.

The case addressed sex discrimination in sentencing.

the court found that a New Jersey statute which sentenced women over 30 differently from men was unconstitutional.

Women were given indeterminate sentences and were not entitled to work credits or time off for good behavior, unlike their male counterparts.

McCleskey v Kemp* 1987

SC ruled that statistical evidence of racial disparity in the death penalty was not enough to overturn McCleskey’s death sentence w/o proof of intentional discrimination in his specific case

• no violation of the 8th or 14th)

Kennedy v Louisana

The Court ruled, with a 5-4 decision, that the death penalty for the rape of a child (where the child did not die) was unconstitutional.