CC Ch 5

Page 1: Sentencing Overview

• Title: Sentencing: The Application of Punishment

• Focus: Overview of principles and applications related to sentencing (Chapter 5).

Page 2: Definition and Justice

• What is Sentencing?

  • Sentence: Legal consequence imposed on an individual found guilty of a crime.

  • When Sentenced: Post-conviction process where the court determines the appropriate punishment.

  • Who Sentences: Judges primarily, however, juries can also impose certain sentences in specific cases.

  • Goals of Sentencing: To achieve justice, balance retribution, deterrence, rehabilitation, and restitution.

  • Justice Consistency: The notion that sentences should align with the concept of justice as philosophized by Aristotle.

Page 3: Types of Sentences

• Indeterminate Sentences:

  • Philosophy rooted in rehabilitation, allowing flexibility in the length of incarceration.

  • Model: Medical model - treatment aimed at rehabilitation rather than fixed punishment.

  • Truth-in-sentencing Laws: Require offenders to serve a significant portion (at least 80%) of their sentence.

• Determinate Sentences:

  • Maximum lengths are set by the legislature within state statutes.

  • Aligns with classical retributive justice concepts.

Page 4: Mandatory Sentencing Structures

• Mandatory Sentencing:

  • Functions alongside determinate and indeterminate models, enforcing fixed penalties for specific crimes.

  • Concurrent Sentencing: Serving multiple sentences at the same time.

  • Consecutive Sentencing: Serving sentences one after another.

Page 5: Habitual Offender Statutes

• "Three-strikes-and-you’re-out" Statutes:

  • Legal framework mandating harsher sentences for repeat offenders.

  • Case Study: Rummel v. Estelle (1980) highlights implications of these statutes.

  • Life Without Parole (LWOP): Raises social implications and concerns about fairness in sentencing.

Page 6: Alternative Sentencing

• Shock, Split, and Non-Custodial Sentences:

  • Over 90% of sentences do not involve imprisonment, promoting alternative correctional options.

  • Shock Probation: Brief incarceration followed by probation.

  • Split Sentences: Combination of incarceration and probation.

Page 7: Victim Impact Statements

• Purpose: Permits victims or their families to express the impact of the crime on their lives during sentencing.

• Inclusion: Typically included in pre-sentence investigation reports.

• Controversies: Challenges regarding prejudicial impact; referenced in Payne v. Tennessee (1991).

• Research: Conducted on the effects of these statements in non-capital cases.

Page 8: Civil Commitment for Sex Offenders

• Overview: Episode of unique animus toward sex offenders in legal contexts.

  • Case Study: Kansas v. Hendricks (1997), addressing commitment laws.

  • Criteria Adjustments: Shift from strict mental illness standards to broader “mental abnormality” criteria.

Page 9: Problem-Solving Courts

• Concept: Courts designed to provide rehabilitative, outcome-focused processes rather than traditional punitive measures.

• Bureau of Justice Assistance Guidelines (2013): Includes goals like system change and collaborative approaches with a focus on arrest, screening, and assessment.

Page 10: Drug Courts

• Definition: Specialized problem-solving courts aimed at addressing substance abuse issues among offenders.

• Origin: First established in Miami-Dade County, FL in 1989.

• Implementation: Requires qualifications for participants and emphasizes interagency cooperation.

Page 11: Sentencing Disparity

• Definition: Discrepancies seen in sentencing practices.

  • Legitimate vs. Illegitimate Disparities:

    • Legitimate: Based on varying case circumstances.

    • Illegitimate: Driven by bias, notably racial bias; example includes crack versus powder cocaine discrepancies.

    • Legislations: Anti-Drug Abuse Act of 1988, Fair Sentencing Act of 2009 which aimed to rectify disparities.

Page 12: Presentence Investigation (PSI)

• Purpose: To provide background information for the court to consider during sentencing.

• Preparation: Conducted by probation officers, containing important case-related information.

• Issues: Concerns over reliability and objectivity of content and access by defense.

Page 13: PSI Controversies

• Controversies:

  • Insistence on verifying pertinent information compiled in PSIs.

  • The necessity for careful language when describing offenders.

  • Access Arguments: Varies by state—some promote full disclosure, while others redact sensitive info to prevent retaliation.

Page 14: Structured Sentencing Guidelines

• Establishment: Promoted by the United States Sentencing Commission for consistent sentencing practices.

• Guideline Creation: These guidelines are formulated considering various factors and have reached widespread implementation in federal courts.

  • Issues: Continuously researched for effectiveness and adherence.

Page 15: Future of Sentencing Guidelines

• Future Outlook: The trajectory of sentencing guidelines remains uncertain, particularly following rulings such as Booker v. Washington (2005) which impacted guideline application.

Page 16: International Sentencing - Saudi Arabia

• Hudded Crimes: Treated as offenses against religious law with unchangeable fixed sentences.

• Qiesas Crimes: Implemented “eye for an eye” penalties, allowing restitution through blood money.

• Ta’zir Crimes: Levies entirely discretionary penalties determined by the judge.

Page 17: International Sentencing - China

• Classification: Includes community control, criminal detention, fixed-term imprisonment, life imprisonment, and death penalty.

• Introduced Guidelines: Implemented in 2008 to align with American structure, mandatory except for cases of life imprisonment.

Page 18: International Sentencing - United Kingdom

• Legal Framework: Governed by EU norms, focusing on rehabilitation and justice.

• Types of Sentences: Discharge, fines, probation, and prison time based on offence classification.

Page 19: UK Sentencing Procedures

• Discharge: Can be conditional or absolute based on circumstances of the offense.

• Guidelines: Courts utilize grid-based guidelines for conviction sentencing while ensuring probation viability.

Page 20: International Sentencing - France

• Offense Categories: Crimes, délits, and contraventions represent varying severity levels.

• PSIs: Generally not utilized due to thorough courtroom examination, leading to excessive judicial discretion in sentencing.

Page 21: Open-Access Student Resources

• Available Resources: Accessible resources including quizzes, eFlashcards, and multimedia resources at edge.sagepub.com/stohressentials3e.