Punishment and Sentencing – Comprehensive Study Notes (Ch. 11)

Historical Development of Punishment

  • Historically, people who violated the law were considered morally corrupt and in need of strong discipline.

  • In early Greece and Rome, the most common state-administered punishment was banishment or exile.

  • The Middle Ages:

    • People found guilty of crimes faced a wide range of punishment, including:
    • Physical torture
    • Branding
    • Whipping
    • Death (for most felony offenses)
    • The main emphasis of criminal law and punishment was on maintaining public order.

  • The development of the common law in the eleventh century brought some standardization to penal practices.

  • End of the sixteenth century: Many offenders were made to do hard labor for their crimes.

  • In England:

    • Transporting convicts to the colonies became popular.
    • By 1820: Long periods of incarceration in walled institutions called reformatories or penitentiaries began to replace physical punishment in England and the United States.

The Goals of Punishment (1 of 3)

  • The objectives of criminal sentencing can be grouped into distinct areas:
    • General deterrence
    • Incapacitation
    • Specific deterrence
    • Retribution/just desert
    • Rehabilitation
    • Diversion
    • Equity/restitution
    • Restoration

The Goals of Punishment (2 of 3)

  • General Deterrence:

    • People should be punished to set an example for others.
    • Should be proportionate and fair.
    • Effect is less than desired.

  • Specific Deterrence:

    • The experience of suffering punishment should inhibit future law violations.
    • To convince offenders that the pains of punishment are greater than the potential benefits of crime.
    • Mixed results in the research regarding effectiveness.

The Goals of Punishment (3 of 3)

  • Incapacitation:

    • Preventing crime by keeping offenders under state control.
    • Evidence is mixed.
    • Other factors that influence outcomes include:
    • Population makeup
    • Police effectiveness
    • Drug use
    • The economy
    • Diminishing effects over time.

  • Retribution/Just Desert:

    • The punishment should fit the crime.
    • Those who violate the rights of others deserve to be punished.

  • Rehabilitation:

    • The justice system is obligated to help these unfortunate people and not simply punish them for their misdeeds.
    • Proper treatment will prevent future crimes.

  • Diversion:

    • Sentencing is aimed at sparing nondangerous offenders from the stigma and labeling of a criminal conviction and involvement with the justice process.

Equity and Restitution; Restoration

  • Equity/Restitution:

    • The action or practice of awarding each person their just due.
    • Seeks to compensate individual victims and the general society for their losses due to crime.

  • Restoration:

    • Defendants may be asked to confront their behavior, the damage they caused the victim, and the shame they brought to their family, friends, and community.

Sentencing Concept Summary (1 of 2)

  • Goals of Criminal Sentencing
    • General deterrence: By punishing the known offender for misdeeds, society hopes to convince would-be offenders that the pains of punishment outweigh the potential benefits of criminal behavior. Punishment is based on its effect on others.
    • Specific deterrence: Experiencing harsh criminal punishments should convince convicted offenders that crime does not pay. The suffering caused by punishment should inhibit future law violations.
    • Incapacitation: By incapacitating a convicted offender in a secure facility, the state seeks to reduce or eliminate his or her opportunity to commit future crimes. Offenders are confined not for what they have done, but for what it is feared they might do in the future.
    • Rehabilitation: Sentencing is aimed at reducing future criminality by treating and eliminating the underlying causes of crime.
    • Diversion: Sentencing is aimed at sparing nondangerous offenders from the stigma and labeling of a criminal conviction and involvement with the justice process.

Sentencing Concept Summary (2 of 2)

  • Goals of Criminal Sentencing
    • Retribution/Just Desert: Because criminals benefit from their misdeeds, they deserve to be punished for their criminal acts. It is only fair that criminals who have committed the most serious crime, murder, receive the most severe penalty, death.
    • Equity/Restitution: Because criminals gain from their misdeeds, it seems both fair and just to demand that they reimburse society for the losses it has sustained as a consequence of their crimes. The equity goal of punishment means that convicted criminals must pay back their victims for their losses, the justice system for the costs of processing their case, and society for any disruption they may have caused.
    • Restoration: Defendants may be asked to confront their behavior, the damage they caused the victim, and the shame they brought to their family, friends, and community. The goal is to satisfy everyone’s needs and restore the wrongdoer to good standing in society.

Discussion Activity 1 (Diversion)

  • As part of diversion, the convicted offender may be asked to make restitution payments to the crime victim or participate in a community-based program that features counseling.
    • What types of nonviolent offenses do you think would fit with the goals of diversion?
    • Are there any nonviolent offenses that you believe aren’t appropriate for diversion? Why or why not?

Discussion Activity 1 Debrief (Diversion)

  • Diversion is sometimes used in sentencing for less serious crimes.
  • Do you think the victim feels like justice has been served when the sentence is some type of diversion?
  • If you were a victim, would you feel vindicated?

Imposing the Sentence (1 of 2)

  • Concurrent Sentences: Served at the same time.
  • Consecutive Sentences: Served one after the other.
  • The effect of good time: Reduction in sentence for good behavior.

Imposing the Sentence (2 of 2)

Written Activity: Crime and Punishment

  • Which goal of punishment do you believe is the most important? Why?
  • Does it matter what the offense is? Why or why not?

Sentencing Structures (1 of 4)

  • Indeterminate Sentences: Offenders are placed in confinement only until they are rehabilitated and then released on parole.
  • Determinate Sentences: A fixed term of years to be served by the offender sentenced to prison for a particular crime.

Sentencing Structures (2 of 4)

  • Sentencing Guidelines: Regulate the length of determinate sentences; curb judicial discretion; created by sentencing commissions.
  • The Sentencing Grid: Prior record; Current offense.

Sentencing Structures (3 of 4)

  • Legal Challenges and Their Impact:
    • Apprendi v. New Jersey
    • Blakely v. Washington
    • United States v. Booker

Sentencing Structures (4 of 4)

  • Mandatory Sentences: Fixed prison sentence for certain crimes; chronic recidivists; limits judicial discretion.

Three-Strikes Laws and Truth in Sentencing (1 of 2)

  • Three-Strikes Laws:
    • Long prison sentences for any person convicted of three felony offenses.
    • Legal controls: 3{,}000? [Note: refer to the text; the main point is long sentences upon a third felony]
  • Truth in Sentencing:
    • Requires offenders serve a substantial amount of sentence.
    • Elimination or reduction of parole and good time.

Discussion Activity 2; Debrief (Three-Strikes)

  • The research on three-strikes laws doesn’t really support any kind of deterrent effect and hasn’t led to a significant reduction in crime.
    • If there is no proven deterrent effect and no reduction in crime, do you support three-strikes laws? Why or why not?
  • Debrief points:
    • Some research suggests that three-strikes laws may actually increase crime, as offenders who face life terms go to lethal lengths to resist apprehension.
    • Does this influence your view of these laws?
    • Do you think that any time a person spends incarcerated increases their likelihood of more criminal activity?

How People Are Sentenced (1 of 2)

  • What factors affect sentencing?
    • The severity of the offense
    • The offender’s prior criminal record
    • Whether the offender used violence
    • Whether the offender used weapons
    • Whether the crime was committed for money

How People Are Sentenced (2 of 2)

  • What factors affect sentencing? (continued)
    • Social class
    • Gender
    • Age
    • Victim characteristics
    • Victim impact statements
    • Race

Knowledge Check Activity: Definitions (1 of 2)

  • A postconviction statement by the victim of crime or the victim’s family that may be used to guide sentencing decisions
  • The view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated
  • A sentencing scheme requiring that offenders serve at least 85 percent of their original sentence before being eligible for parole or other forms of early release
  • A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses
  • A fixed term of incarceration, such as 3 years’ imprisonment
  • chivalry hypothesis
  • truth-in sentencing
  • determinate sentence
  • victim impact statement
  • mandatory sentence

Knowledge Check Activity: Definitions (2 of 2)

  • A postconviction statement by the victim of crime or the victim’s family that may be used to guide sentencing decisions. (d)
  • The view that the low rates of crime and delinquency among females reflect the leniency with which female offenders are treated. (a)
  • A sentencing scheme requiring that offenders serve at least 85 percent of their original sentence before being eligible for parole or other forms of early release. (e)
  • A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses. (b)
  • A fixed term of incarceration, such as 3 years’ imprisonment. (c)
    • Determinate sentences are felt by many to be too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to serve—that is, when they will be released.

Capital Punishment (1 of 2)

  • More than 14{,}500 confirmed executions have been carried out since 1608.
  • Today, there are more than 3{,}000 people on death row.
  • In recent years the Supreme Court has limited the death penalty to first-degree murder, and only with aggravating circumstances.

Capital Punishment (2 of 2)

  • Arguments for Capital Punishment:
    • Incapacitation
    • Deterrence
    • Morally correct
    • Proportional to the crime
    • Reflects public opinion
    • Unlikely chance of error

Arguments Against Capital Punishment

  • Possibility of error
  • Unfair use of discretion
  • Misplaced vengeance
  • Weak public support
  • Little deterrent effect
  • No hope of rehabilitation
  • Race, gender, and other bias
  • Causes more crime than it deters
  • It is brutal, which creates the brutalization effect
  • It is expensive
  • Morally wrong

Capital Punishment Landmark Cases

  • Furman v. Georgia
  • Gregg v. Georgia
  • Ring v. Arizona
  • Atkins v. Virginia
  • Roper v. Simmons
  • Kennedy v. Louisiana
  • Baze v. Rees

Think-Pair-Share Activity

  • Apply what you know about criminal justice to create an innovative approach that might help reduce wrongful convictions. Share your approach with the class and ask for feedback.
  • What role, if any, does technology play in your plan to reduce wrongful convictions?

Self-Assessment

  • What topic(s) in this chapter did you find most interesting and why?
  • What topics in this chapter did you find challenged your opinions? Explain.
  • Apply what you know about criminal justice to create an innovative approach that might help reduce wrongful convictions. What role, if any, does technology play in your plan to reduce wrongful convictions?

Summary (1 of 2)

  • Now that the lesson has ended, you should have learned how to:
    • Describe the historical development of punishment.
    • List the major goals of contemporary sentencing.
    • Distinguish among general and specific deterrence, incapacitation, and retribution.
    • Compare rehabilitation with just desert.
    • Explain how sentences are imposed.

Summary (2 of 2)

  • You should also have learned how to:
    • Classify the various types of sentencing structures.
    • Discuss how people are sentenced today.
    • Describe the nature of capital punishment in the United States and abroad.
    • Articulate the arguments for and against capital punishment.
    • Discuss the legality of the death penalty.