Study Notes on Criminal Trials and Sentencing Principles

Criminal Trial and Sentencing: Focus on Sentencing

Key Concepts in Sentencing

  • Goals of Sentencing: Understanding various sentencing goals and their relation to sentence types.

    • Retribution

    • Definition: Retribution is punishment that seeks to impose a penalty on the offender as a form of revenge for committing a crime.

    • Sentence Types Supporting Retribution:

      • Death Penalty: The ultimate punishment serving retributive justice.
      • Incarceration: Serving prison time as a form of retribution for the crime committed.

    • Incapacitation

    • Definition: Refers to the act of removing an offender from society to prevent them from committing further crimes.

    • Sentence Types Supporting Incapacitation:

      • Incarceration: Locking the offender away from society.
      • Hospitalization: Involuntary commitment for those deemed dangerous or mentally ill.

    • Rehabilitation

    • Definition: The process of restoring an offender to a good state of behavior, ideally making them better citizens.

    • Sentence Types Supporting Rehabilitation:

      • Incarceration: Though seemingly punitive, it may include rehabilitation programs that assist inmate reform.
      • Hospitalization: Aiming to treat and rehabilitate mentally ill offenders rather than punish them.
      • Intermediate Sanctions: Future discussions will cover these alternatives aimed at rehabilitation.

    • Restoration

    • Definition: Focuses on addressing the harm done to victims and working towards restoring them to their former state.

    • Sentence Types Supporting Restoration:

      • Fines: Monetary penalties that could be directed to victims as restitution.
      • Restitution: A specialized form of fines designated to remedy the victim's loss or harm, differing from general fines.

    • Deterrence

    • Definition: Aimed at discouraging criminal behavior by establishing the consequences of committing a crime.

    • Types of Deterrence:

      • General Deterrence: Aimed at the broader public; instilling fear of punishment to prevent crime.
      • Examples of Sentences:
        • Death Penalty: Severe punishment to deter others from committing similar crimes.
        • Large Fines: Significant financial penalties aimed at dissuading crime, especially effective on lower-income individuals.
      • Specific Deterrence: Focused on preventing the particular offender from reoffending.
      • Examples of Sentences:
        • Incarceration: Keeping an offender locked up to prevent them from committing more crimes.
        • Fines: Financial penalties may deter the offender from future misconduct.
        • Hospitalization: Removing the offender from the public to prevent further offenses.

Changes in Sentencing Policy

  • Historical Context

    • Federal and state systems used an indeterminate sentencing system from the 1930s, focusing on rehabilitation.
    • Individualized sentences with discretion allowed judges to determine prison terms within a range (e.g., five to fifteen years).
    • Criticism emerged due to inequities, biases, and leniency in this system.
    • Arguments from both sides arose against indeterminate sentencing, highlighting the lack of rehabilitation progress versus too much leniency.

  • Shift to Structured Sentencing

    • Transition to a structured sentencing approach that limits judicial discretion and emphasizes retribution.
    • Removed parole boards' prominence, leading to a fixed determination of sentencing.

Phases in Sentencing Reforms

  • Phase 1: (1975 - mid-1980s)

    • Goals aimed at ensuring consistency and fairness in sentencing procedures.
    • Methods implemented included:
    • Parole Guidelines: Enhanced fairness in release standards based on comparable crimes.
    • Voluntary Sentencing Guidelines: Non-mandatory guidelines providing flexibility for judges.
    • Presumptive Sentencing Guidelines: Required explanations from judges for deviations from guideline recommendations, allowing appeals.
    • Objectives were a better approach towards fairness and reducing disparities in sentencing, while also managing prison populations.

  • Shift in Focus (Mid-1980s - mid-1990s)

    • Increased Certainty and Severity aimed at stricter penalties for violent crimes and drugs.
    • Key Policies:
    • Truth in Sentencing: Mandated serving a substantial portion (e.g., 85%) of a sentence, increasing prison populations despite decreasing crime rates.
    • Mandatory Minimum Sentences: Set fixed minimums for certain offenses, transferring discretion from judges to prosecutors.
    • Three Strikes Laws: Enforced life sentences for three felony convictions, significantly impacting incarceration rates.
    • Acknowledgment of the social and political factors leading to these harsher sentencing practices, especially following the political shifts of the 1960s.

Mass Incarceration Trends

  • From 1972 to 2010, the US prison population grew from about 350,000 to over 2 million, producing the highest incarceration rate globally.
  • Current Statistics:
    • 5% of the world’s population but 25% of the world's prisoners.
    • Racial disparities: Black individuals, while only 12% of the population, constitute 40% of incarcerated individuals.
    • Lifetime likelihood: Nearly 1 in 3 young black men and over half of young black high school dropouts spend time in prison.

Illustrative Art and Public Awareness

  • Art Piece by Paul Rucker: "Proliferation" visually represents prison construction in the US over time, using color-coded dots to indicate periods of prison building and associated music performance, emphasizing societal impacts of mass incarceration.