CC Ch 5

Sentencing: The Application of Punishment

What is Sentencing?

  • Definition of a Sentence:
    • A legal judgment given by a court that determines the punishment for an individual convicted of a crime.
  • When Sentenced:
    • Sentencing occurs after a person is found guilty in a court of law.
  • Who Sentences:
    • Typically, judges have the authority to impose sentences, although juries may influence sentencing in some cases.
  • Goals of Sentencing:
    • Should align with principles of justice as defined philosophically, notably by Aristotle, emphasizing fairness and moral reasoning in punishments.

Types of Sentences

Indeterminate Sentencing
  • Philosophy: Aimed at rehabilitation, allowing for flexibility in the length of sentences based on the offender's behavior and readiness for reintegration.
  • Truth-in-Sentencing Laws: Require offenders to serve at least 80% of their sentences before being eligible for parole.
Determinate Sentencing
  • Definition: Involves set maximum time limits for sentences, determined by state legislature, aligning more closely with classical retributive justice principles.
Mandatory Sentencing
  • Characteristics:
    • Co-exists with indeterminate and determinate systems.
    • Can involve concurrent sentencing (serving multiple sentences at the same time) or consecutive sentencing (serving multiple sentences back-to-back).

Habitual Offender Statutes

  • Overview: Enact laws like "Three-strikes-and-you're-out" aiming to impose stricter penalties on repeat offenders.
  • Case Study: Rummel v. Estelle (1980) highlighted the consequences of such legislation.
  • Life Without Parole (LWOP): Significant social implications as it removes the possibility of rehabilitation for certain offenders.

Other Types of Sentences

Non-Custodial Sentences
  • A large percentage of sentences (over 90%) do not involve incarceration and include:
    • Shock probation: A brief period of incarceration followed by probation.
    • Split sentences: Combination of incarceration and supervised release, structured based on specific conditions.

Victim Impact Statements

  • Purpose: Allow victims (or their families) to express the direct effects of the crime during sentencing.
  • Integration: Typically included in presentence investigation reports but can be challenged as potentially prejudicial in court.
  • Legal Case: Payne v. Tennessee (1991) solidified the use of these statements in court.

Sentencing by Civil Commitment for Sex Offenders

  • Context: Civil commitments often target sex offenders under specific mental health classifications.
  • Legal Precedent: Kansas v. Hendricks (1997) established criteria for commitment, indicating a shift in language from "mental illness" to broader terms like "mental abnormality".

Problem-Solving Courts

  • Definition: Alternative court systems focusing on outcomes beneficial to offenders and society, involving collaboration and judicial engagement.
  • Key Features: Screening and assessment to identify candidates early in the judicial process aimed at systemic change.

Drug Courts

  • Introduction: First established in 1989 in Miami-Dade County.
  • Function: Focus on rehabilitation through interagency cooperation and implementing studies to assess effectiveness.

Sentencing Disparity

  • Definition: Variation in sentencing outcomes, which can be classified as legitimate (based on offense severity) and illegitimate (based on biases).
  • Key Issues: Racial bias highlighted by the differences in sentencing for crack versus powder cocaine (Anti-Drug Abuse Act of 1988 vs. Fair Sentencing Act of 2009).

Structuring Sentencing: The Presentence Investigation (PSI) Report

  • Purpose: Provides comprehensive background information on the offender to assist in sentencing decisions.
  • Challenges: Ensuring reliable content and addressing defense access to the report prior to sentencing.

PSI Controversies

  • Content Validity: Need for verification of information and careful description of the offender’s background.
  • Access Issues: Some states permit full disclosure, while others restrict information to avoid retaliation.

Structured Sentencing: Sentencing Guidelines

  • Purpose: Developed by the United States Sentencing Commission to standardize sentencing outcomes.
  • Creation & Issues: Guidelines are established with ongoing research evaluating their efficacy.

The Future of Sentencing Guidelines

  • Current Status: Ongoing legal assessments, such as the outcome of Booker v. Washington (2005), influence future guidelines.

Sentencing in Comparison Countries

Saudi Arabia
  • Classification of Crimes:
    • Hudud offenses: Fixed sentences for crimes against God.
    • Qisas offenses: Retributive punishments, akin to “eye for an eye” principles, potentially negotiable with compensation.
    • Ta’zir offenses: Discretionary penalties determined by the judge.
China
  • Sentencing Structure:
    • Classification into community control, criminal detention, fixed terms, life imprisonment, and death penalty.
    • Sentencing guidelines were introduced in 2008, analogously to U.S. systems, but vary by case type.
United Kingdom
  • Sentencing Variants: Includes discharges, fines, probation, and prison, contingent on the offense classification.
  • Grid-based Guidelines: Mandatory use of guidelines for judicial decisions.
France
  • Offense Categories: Differentiates between crimes, délits, and contraventions with varying levels of judicial discretion.
  • PSI Reports: Less common, as courts often already possess necessary information for sentencing decisions.