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:
Open Security Federal Prisons:
For nonviolent offenses, dorm-like structure, few restrictions.
Minimum Security:
Less restrictive than prisons, may offer rehabilitation programs.
Medium Security:
Cellblock structure with perimeter security, mix of offender types.
Maximum Security:
High walls, armed guards, restricted movement for violent offenders.
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.