SENTENCING AND INCARCERATION

The end of the line…

Who decides?

After the jury returns a verdict of guilty either…The judge determines the sentenceOr the jury gives a recommendation

Does the punishment need to be painful?

Purpose of Punishment: Retribution Sometimes society wants revenge

against those who break the law.

Retribution (cont)

For the real bad mamajamas… Some states (34) and the federal

government will kill you. Lethal Injection Electric chair Gas Chamber Hanging Firing squad

Pupose of Punishment: Deterrence The punishment will, hopefully

discourage the offender from committing another crime.

Also, it will prevent, hopefully, others from committing similar acts.

Purpose of Punishment: Rehabilitation Helping a convict change their behavior

so that they may lead a productive life after release.

Education Drug and alcohol rehab Anger Management

Purpose of Punishment: Incapacitation Physically separate the criminal from

society for the protection of ALL.

Sentence- without jail time Suspended sentence- criminal does not

have to serve the sentence…yet Probation- released but must follow

conditions such as…Getting a jobNo drug useNot travelling outside the county or state

Sentence- Monetary

Fine- pay the government an amount of money as punishment

Restitution- pay back the victim for loss or injury

Sentence- like jail time

Home Confinement- ordered to serve the sentence at homeCan leave for necessary functions, like a jobMonitored by tracking bracelets

Work Release- convict must live at the prison, but can work in the community

Sentence- Imprisonment

Imprisonment- a term in jail or prison“two years”“not less than three but not more than ten”

Sometimes imprisonment is followed by lighter sentencesEx: two years prison followed by six months

of probation

Problems with prisons

US prison population largest in worldUS: 5% of world population but 25% of

world’s prison population 1 in 100 US adults is in prison or jail Prison spending is out of control

Problems with prisons

Recidivism – committing an act again after receiving punishment

40-50% of released prisoners commit crimes (often the same crime) again.

Reducing RecidivismWrite down 3 ways that the video

shows how recidivism can

be reduced.

Problems with prisons

10,000 juveniles in adult prisons in the United States

But some states have it right

Sentences- Capital Punishment

35 states have the death penalty Reserved for the most heinous crimes

MurderTreason/espionageTerrorismOther crimes which result indirectly in deathNOT rape, even the rape of children

Problems with the death penalty Moral/human rights objection

USA, Cuba, and Belarus are the only Western countries with the DP

Financial objectionRepeated judicial hearings and appeals

Circumstances

Aggravating Circumstances: Conditions which make the commission of a crime worseEx: gruesome murder, previous convictions

Mitigating Circumstances: Conditions which lessen the severity of the crimeEx: Defendant was abused by the victim

Rank the following crimes based on which deserves the harshest punishment:

RapeAggravated First

Degree MurderNegligent HomicideArmed RobberyBurglary Petty LarcenySexual Abuse of a

Child

KidnappingTreason against the

United States government

ArsonExtortionEmbezzlement of

$100,000Second Degree Murder

Then, write what you think the sentence should be for each of these crimes. Hold for next class.

The Classification of Routinely Prosecuted FeloniesClass A

(Life)1st Degree Intentional Homicide

Class B(40 years/20Years Extended Supervision)

Attempted 1st DegreeIntentional Homicide

1st Degree Reckless Homicide2nd Degree Intentional Homicide

1st Degree Sexual Assault1st Degree Sexual Assault of a Child

Class C(25 Years/15 Years Extended Supervision)

Armed RobberyArson of Building

2nd Degree Sexual Assault2nd Degree Sexual Assault of a Child

Homicide by Intox. Use of Vehicle (with prior OWI-type conviction)

Class D(15 Years/ 10 Years Extended Supervision)

2nd Degree Reckless Homicide1st Degree Reckless Injury

Homicide by Intox. Use of Vehicle(no prior OWI-type convictions)

Class E(10 years/ 5 Years Extended Supervision)

RobberyAggravated BurglaryAggravated Battery

Class F7.5 Years/5 Years Extended Supervision)

Burglary2nd Degree Reckless Injury 1st Degree Recklessly Endangering

Injury by Intox.Use of Vehicle

Class G(5 Years/5 Years Extended Supervision)

3rd Degree Sexual Assault2nd Degree Recklessly Endangering Safety

Felon in Possession of FirearmTheft (> $10,000)

Receiving Stolen Property (> $10,000)Theft from Person

Class H(3 Years/3 Years Extended Supervision)

Battery to Law Enforcement OfficerOperating Vehicle w/o Owner's Consent ("take & drive")

PerjuryFelony Escape

Felony Bail JumpingFalse Imprisonment

ForgeryTheft (> $5,000 but < $10,000)

Receiving Stolen Property(> $5,000 but < $10,000)

Class I(1.5 years/2 years Extended Supervision)Arson of Property other than a BuildingPossession of Burglarious ToolsOperating Vehicle w/o Owner's Consent ("drive/operate")Theft (> $2,500 but < $ 5,000)Receiving Stolen Property(> $2,500 but < $ 5,000)Failure to Support (more than 120 days)Possession of Firearm in School Zone