Sentencing and Corrections

What are the goals of sentencing?

1. Retribution

2. Incapacitation

3. Deterrence

4. Rehabilitation

5. Restoration

What is retribution?

Taking revenge on the perpetrator, earliest known rational known for punishment, follows the ‘just deserts’ model

What is just deserts

criminal offenders deserve the punishment that they receive

What is Incapacitation

Using imprisonment to reduce the likelihood of recidivism, protecting society by locking people up, separate offenders from society

What is rehabilitation?

Making offenders a better person through work programs, education, anger management, drug counseling

What is restoration?

Restore the victim to same pre-incident state. Mostly through monetary payments, must include both the offender and the victim

What is general deterrence?

Deterring others from committing crime by making an example of the person sentenced. A strategy for the future

What is specific deterrence?

seeks to prevent a particular offender from engaging in repeat criminality. Wants to reduce recidivism

What are the two types of sentences?

1. Indeterminate

2. Determine

What is Indeterminate Sentencing?

Not for a specific amount of time ‘you will be in prison for 5 - 10 years’. When you get released is determined by a parole board, which allows the incarcerated to prove they are ready to get out.

What is Determinate Sentencing?

A sentencing for a specific amount of time. ‘you will serve for 8 years exactly’. Leaves no room for discretion, only gain/good time can lead to reduced sentence

What is Gain Time?

Reduction in sentence per every program/certification you complete

What is Good Time?

a day released early per month with no disciplinary

What is a mandatory sentence?

if the prosecutor charges you with (this specific charge), and found guilty, you are automatically sentenced with no discretion

What is a Structured Sentence?

How we sentence people. Made up of 3 parts

1. Proportionality, the severity of the sentence must be related to the severity of the crime

2. Social Debt, an offenders criminal history should be taken into account

3. Equity, Similar crimes should be punished within the same degree of severity

What is a Concurrent Sentence?

Multiple sentences run at the same time

What is a consecutive Sentence?

when those multiple sentences run one after the other

What are the ways of punishment? (in order of least to most violent)

1. Fines - paying the money or working the money off

2. Community Service

3. Probation

4. Intermediate Sanctions

   • House arrest/EM/Curfews

   • Intensive Probation

5. Jail

6. Prison

7. Capital Punishment

Who started probation?

John Augustus, a shoemakers who had drunkards released into his custody

What is probation?

Corrections served in the community. It is a suspended prison sentence

Why do we use probation?

It costs less, still guarantees surveillance and supervision, and allows offenders to remain in the community to keep their employment, housing, and job.

Who oversees probation?

A probation officer. Maintains control through visits, phone calls. They do not need a warrant to enter your home.

What is a technical violation when talking about probation?

When a offender does not follow the conditions of his probation. (he missed a meeting with his PO)

How many people are incarcerated?

1.5 million

Prison vs Jail

Prison is used for long term offenders and they have more services available

Jail is short term of pre-trial detention, admits 12x as many offenders. Jail is a revolving door of people

What is Parole?

A release mechanism, not a sentence. Guarantees that (generally) there is aftercare (like probation) and a release plan (like where the offender going to live). Must have served 85% of their original sentence

Furman V Georgia

Pause on Capital punishment to see if it is arbitrary based in racial discrepancies

Gregg V Georgia

reinstates capital punishment. Automatic bi-furcated trial

• Are you guilty?

• What sentence should they recieve? The defense and prosecutor argue over mitigating circumstances

Atkins V Virginia

Individuals who have reduced culpability (dementia) while they are incarcerated should not faced capital punishment

Roper V Simmons

SCOTUS says that the minimum age capital punishment should be set is 18

What are the different ways people can die by capital punishment?

Lethal Injections, electrocution, lethal gas, hanging, firing squad