Chapter 15 - Sentencing & Punishment

Based on the above video, during the beginning of the 1900s, the focus on the goals of corrections shifted towards? Rehabilitation

What are some areas of criminal justice punishment that have changed, over time, as society has changed?

The change in the death penalty 

Past - The death penalty was widely used, and executions were often public events. 

Today - While still legal in some states, public executions have been abolished, and there is growing debate about the morality and effectiveness of the death penalty, especially given concerns about wrongful convictions.

Five goals of present-day sentencing: 

1. Retribution: 

• When a judge sentences a defendant for the purpose of retribution, the punishment applied should be in proportion to the seriousness of the offense. 

• Retribution makes no effort to change the offender, but simply provides society a type of revenge. 

• Many states, over the past few decades, have abandoned the idea of social reform as a purpose of sentencing and the use of retribution as a justification for punishment has gained popularity.

2. Incapicitation: 

• Sentences based on the concept of incapicitation are intended to prevent further crime by physically removing the offender from society so they cannot engage in future criminal behavior. 

• Many states have habitual offender laws based on the notion of incapacitation.

3. Deterrence:

• The goal of deterrence as a sentencing purpose focuses on preventing crime by using the example of offenders being punished.

4. Rehabilitation:

• Rehabilitation, also known as the “reformation” approach, views criminal behavior, in part,  as a result of social, economical or psychological deficiencies. 

• The goal of this type of sentence is to correct or treat these deficiencies in an effort to prevent crime in the future. 

• It is assumed that we can identify and treat these shortcomings effectively. 

• Unfortunately, rehabilitation has largely proven unsuccessful.

5. Restoration:

• The goal of restoration is focused on the criminal act or wrong doing as an action against an individual or community as opposed to the state. 

• In the process of restorative justice, the individual causing the harm takes responsibility for their actions and the victim can choose to take a primary role in this process.  Examples could include receiving an apology or some form of  restitution coming either directly or indirectly from the individual who is responsible for causing the harm. 

• Studies indicate that the restorative approach, which is designed to promote communication between the offender and the victim, indicate higher rates of satisfaction for the victim, a sense of true accountability by the offender, and a degree of reduced recidivism

Two types of Deterrence

General deterrence: focused towards preventing crime among the general population.

Specific deterrence: focused towards preventing crimes in the future by criminal offenders.

According to the above video, what is the one of the biggest concerns regarding people being released from prison? Recidivism

According to the above video, restorative justice is, first and foremost, about? Needs of those hurts

Sentencing options

Probation: A sentence of probation places offenders under the supervision of the court, while allowing them to remain in the community. 

Probation is the most commonly used criminal sentence because most crimes are not violent and most offenders are not dangerous.

Restitution: Sometimes judges order offenders to make restitution as a condition of probation. This means that the offender must make compensation to the victim for any losses caused by the offense.

Fines: The Supreme Court has not specified an amount that would constitute an excessive fine and few conditions are placed on the imposition of fines as long as they are within the limits of the law. 

However, the Court has ruled that prison sentences imposed on offenders who cannot pay fines often discriminate against the poor and are generally unconstitutional.

Sentencing strategies

Concurrent: all at once

Consecutive: all in a row

Indeterminate: minimum to a maximum

Determinate: fixed term

Concurrent sentencing: Concurrent sentencing is when a defendant convicted of multiple charges serves the sentence for each charge at the same time. 

• 1 year for Burglary 

• 1 year for Larceny 

• 1 year for Possession of Stolen Property 

• 1 year would be served

Consecutive sentencing: Consecutive sentencing is when a defendant convicted of multiple charges serves the sentence for each charge one at a time. 

• 1 year for Burglary 

• 1 year for Larceny 

• 1 year for Possession of Stolen Property 

• 3 years would be served

Based on the above video, what could be some of the underlying logic of the judge in this case handing out a sentence of six consecutive life terms? Some of the underlying logic of the judge in this case handing out a sentence of six consecutive life terms are the severity of the crimes, the protection of society, and the lack of rehabilitation.

Indeterminate sentencing: A sentence of incarceration with a range such as 5-10 or 10-20 years

Determinate sentencing: A sentence of incarceration for a fixed term or a minimum period of time that is specified by statute.

A form of the determinate sentencing strategy that first appeared in California during the 1990s is referred to as the "three-strikes' law.  The three-strikes law requires long sentences, that can include life without parole,  for those who are have been convicted of a third serious felony.

Truth in sentencing: establishment of a closer relationship between the sentence given to an offender and the actual time that they serve in prison prior to their release. 

The Violent Crime Control and Law Enforcement Act of 1994 mandates that the states that wish to be eligible for federal financial assistance,must modify their laws so that convicted offenders serve at least 85% of their sentences.

Concerns with truth in sentencing laws

There are three concerns with truth-in-sentecning laws and the federal government’s push to have them implemented:

1. Cost 

2. The extension of these sentencing provisions to non-violent crimes

3. Federal involvement in the states’ rights to set sentences

Proportionality: the belief that the punishment for committing a crime should have a direct relationship to the severity of the crime.

Equity: crimes that are similar should be punished at the same level of severity and should  exclude any personal or social characteristics of the offender.

Mandatory Sentencing: a sentencing method that allows no discretion in the type of sentence handed down and where very specific punishments are required for very specific offenses or for repeat offenders with convictions of a series of criminal acts.

Alternative sentencing options

• Community Service 

• Home Detention 

• Day Reporting 

• Drug Treatment 

• Psychological Counseling 

• Victim / Offender programming 

• Intensive Supervision

The pre-sentence investigation

Information about a defendant’s background often comes to the judge in the form of a report referred to as a pre-sentence investigation (PSI).

The PSI is a detailed report that looks into the defendant’s criminal history and personal life from the past to the present.

Victim impact statements

victim impact statements which express, in writing,  how a particular crime has affected the victim and/or survivors.

Victim impact statements are submitted to the court and may be read aloud by the victims or survivors prior to sentencing.

Victim Impact Statements - allow the victim to present evidence, either orally or in writing, for the court to consider when imposing sentencing on the offender

Victims bill of rights

Constitutional rights of crime victims

As a crime victim, you have certain rights under the constitution of Connecticut, article first, Section 8b. You have the right to:

• Be treated with fairness and respect throughout the criminal justice process; 

• Have the case completed in a timely manner following arrest of the accused, provided no rights of the accused are violated; 

• Be reasonably protected from the accused throughout the criminal justice process; 

• Be told of court dates; 

• Attend the trial and all other court proceedings (arraignment, pretrial, and sentencing) unless you are testifying, in which case the court may decide that you can’t attend the trial until after you are done testifying; 

• Talk to the prosecutor about the case; 

• Have the chance to agree or disagree with any plea agreement between the accused and the prosecutor and to make a statement to the court before the court decides if it will accept the agreement; 

• Make a statement to the court at sentencing; 

• Request restitution for expenses or property lost or damaged because of the crime; and

• Get information about the arrest, conviction, sentence, imprisonment, and release of the accused. 

Stalking Laws: prohibit anyone from willfully following and/or harassing another and making a threat against that person with the intent of causing the victim to fear for his or her safety

According to the above video, which state was the first to have stalking laws in place? California

Many states today have laws that provide for a sentence of death, also referred to as capital punishment,  for certain serious, violent crimes.

About the death penalty: typically the use of aggravating (makes things worse) and mitigating (makes things better)

Aggravating factors for the death penalty

• Prior conviction of a violent felony 

• A case involving the felony-murder rule 

• Multiple murder 

• Murder for profit 

• Murder of a peace officer or public official 

• Killing to avoid arrest 

• Torture during the commission of murder 

• Killing during an escape

Mitigating factors for the death penalty

• No significant prior criminal record 

• Extreme mental or emotional illness 

• Minor participation in a killing 

• A youth at the time of the murder

What can you suggest to reduce or eliminate the racial disparities associated with the death penalty? Reform the prosecutorial discretion by implementing transparency measures in prosecutorial decision-making to ensure that racial bias is not influencing the decision to seek the death penalty.