Sentencing & Corrections

Sentencing & Corrections Weekly Overview

Sentencing Overview

  • Final stage of a criminal matter:

    • Sentencing is the stage where the defendant learns about the consequences of their conviction.

    • Variables influencing punishment:

    • Nature of offense

    • Prior Criminal History

    • Motivation of Crime: Internal vs external (e.g., volitional vs circumstantial)

    • Controllability of Actions: Perceived controllability can affect sentencing.

    • Stability of Motivation: Is the crime driven by temporary circumstances or a stable condition?

    • Defendant’s Age:

      • Miller v. Alabama (2012) established that juveniles cannot be sentenced to life without the possibility of parole.

Role of Bias in Sentencing

  • Key reference: Berdejó (2018)

  • Bias Impact on Sentencing Outcomes:

    • Similar to plea bargaining, sentencing can be affected by bias and judicial discretion.

    • Study by Partridge and Eldridge (1974):

    • Examined disparities in sentencing in tax evasion and credit card fraud cases.

    • Sentences varied dramatically, with some defendants receiving as little as 3 years and others 20 years plus a $65k fine.

  • Judge and Defendant Characteristics Impacting Sentencing:

    • Factors (Costanzo & Krauss, 2021):

    • Judge’s political affiliation

    • Defendant’s race:

      • Black men tend to receive longer sentences and harsher outcomes.

      • Hispanic men are incarcerated more frequently and receive harsher sentences.

    • Youth Impact: Younger defendants might face harsher sentences in federal cases.

    • Gender: Women, despite comparable conviction rates, often serve lighter sentences.

Judicial Discretion and Sentencing Guidelines

  • Moderating Judicial Discretion:

    • Sentencing Guidelines: Designed to create uniform and objective sentencing based on relevant criteria (e.g., record, offense nature).

    • Although judges use these guidelines, they are not bound to follow them. If they deviate, a written justification is required (Arazan et al., 2019).

  • Determinate Sentencing:

    • Involves a set chart of sentencing options based on offense level and criminal history points to determine a concrete sentence.

    • Emerged post-Sentencing Reform Act of 1984 to eliminate judicial leniency and promote "tough on crime" policies.

  • Current Status:

    • Following U.S. v. Booker (2005), federal courts are no longer required to follow determinate sentencing guidelines, returning some discretion to judges.

Examples and Critiques of Sentencing Practices

  • Example Case: U.S. v. Goff (1993)

    • A quadriplegic was sentenced to 10 years for selling LSD as a demonstration of determinate sentencing's rigidity.

    • **Critiques of Determinate Sentencing: **

    • While it may reduce racial bias, outcomes can appear rigid and inflexible.

    • Complicated nature of rules undermines its purported precision (Ruback, 2015).

  • Three-Strikes Laws:

    • Involves enhanced sentencing post third felony conviction, leading to lengthy or life sentences.

    • Typically perceived as more acceptable when pertaining to violent felonies; controversial for less severe offenses.

    • Landmark Case: Johnson v. U.S. (2015)

    • Unconstitutional vague three-strikes laws necessitate states to revise them for clarity in eligible offenses.

Incarceration: Types and Purposes

  • Types of Incarceration Facilities:

    • Prison versus Jail: Offenders serving >1 year typically in prisons; jails for shorter sentences.

    • Security Levels of Prisons:

    1. Open Security Federal Prisons:

      • For nonviolent offenses, dorm-like structure, few restrictions.

    2. Minimum Security:

      • Less restrictive than prisons, may offer rehabilitation programs.

    3. Medium Security:

      • Cellblock structure with perimeter security, mix of offender types.

    4. Maximum Security:

      • High walls, armed guards, restricted movement for violent offenders.

    5. Supermax Security:

      • Extreme security measures, nearly continuous isolation, minimal programming.

Goals of Prison

  • Primary Goals:

    • Rehabilitation vs. Incapacitation:

    • Rehabilitation aims to transform convicts into law-abiding citizens upon release.

    • Incapacitation focuses on preventing criminals from offending while imprisoned.

    • Retribution: Punishing individuals for their crimes, particularly in heinous cases.

  • Challenges:

    • The prison environment often inhibits successful rehabilitation due to harsh conditions, fueling recidivism rather than deterring future crimes.

    • Controversial Nature of Insanity Defense:

    • Insanity acquittees are not subjected to retribution, solely incapacitation and rehabilitation.

Sentencing Impacts and Effectiveness

  • Prison as Deterrent:

    • The harshness of prison is intended to deter individuals from future criminal behavior.

  • Historical Context of Prison Conditions:

    • Attention to prisoner rights emerged between the 1960s-1970s, including significant cases (Cooper v. Pate, Procunier v. Martinez) advancing inmate rights.

    • By the 1980s, rulings like Rhodes v. Chapman indicated courts supported harsher conditions.

Mental Health Considerations in Prisons

  • Prevalence of Mental Illness:

    • Study estimates that 14-26% of inmates suffer from serious mental illness conditions.

    • Mental illness treatment is mandated only in severe cases as per McGuckin v. Smith (1992).

  • Prisonization:

    • Describes the adaptation of inmates to prison culture, including norms around violence and power hierarchies.

  • Expectations of Conduct:

    • Inmate survival often necessitates retaliation for violence against peers; snitching is severely punished.

Financial Implications of Incarceration

  • Cost to Society:

    • Estimates indicate that it costs between $34,000 to $60,000 annually to incarcerate one inmate (Henrichson & Delancey, 2012).

  • Assessment of Goals:

    • Incapacitation is effective while serving sentences.

    • Retributive goals are often met, but rehabilitation is questioned, with many studies observing a criminogenic effect following imprisonment.

Recidivism Rates Based on Sentencing Type

  • Petersilia et al. (1986) Study Findings:

    • Prison time increases likelihood of recidivism:

    • Violent offenders who served time: 3% more likely to recidivate.

    • Drug-related offenses: 11% more likely.

    • Property offenses: 17% more likely.

  • Lipsey (2009) Findings:

    • Punitive sentences for juveniles increase recidivism by 7%, while rehabilitative approaches reduce it by 12%.

Alternatives to Incarceration (ATIs)

  • Nature and Purpose of ATIs:

    • Can involve rehabilitative mandates such as psychiatric treatment, substance abuse programming, or community residential treatment.

    • May assist in preparing defendants for re-entry into the community.

    • Restitution: Paying back financial misappropriations or compensating victims can also serve as an alternative to imprisonment.