BREAK IT DOWN

BREAK IT DOWN

Getting into the rhythm ofCJ 299 – Associate Capstone projects

Jennifer Wills

A little about me…

Overall Course Requirements

3 projects – 200 points eachProfessional Journal – 200 points

4- Unit discussion questions- each discussion is worth 50

points

Sentencing Project

There are several type of sentencing.

Each is designed to help reduce recidivism while serving as a general and specific deterrent.

WHAT IS THE GOAL(S) OF SENTENCING?

Goals that influence Modern Sentencing

1) Retribution2) Incapacitation3) Deterrence4) Rehabilitation5) Restoration

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 7

Retribution

… the act of taking revenge on a perpetrator.

Early punishments were swift and immediate. Death and exile were common punishments. Retribution follows the Old Testament: “Eye for an eye.” Retribution holds offenders personally responsible; they get their “just deserts.”



Incapacitation

…the use of imprisonment, or other means, to reduce the likelihood that an offender will be capable of committing future offenses.

In ancient times, mutilation and amputation were used to incapacitate. Incapacitation requires restraint, not punishment. It is popular in the U.S., as evidenced by the increase in prison populations. (Some call this the “lock ‘em up” approach).



Deterrence

… a goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment.

It demonstrates that crime is not worthwhile. Overall goal is crime prevention. There are two types of deterrence:

• Specific• General



Deterrence

Specific DeterrenceSeeks to prevent recidivism—repeat offending by convicted offenders.

General Deterrence Tries to influence the behavior of those who have not yet committed a crime yet may be tempted to.



Rehabilitation

… the attempt to reduce the number of crimes by changing the behavior of offenders.

Education, training, and counseling are some of the vehicles used. The ultimate goal is to reduce the number of offenses.



Restoration

… a goal of criminal sentencing that attempts to make the victim “whole again.”

Crime is a violation of a person as well as the state. Restorative justice addresses the needs of the victim. Sentencing options focus primarily on restitution payments. Vermont’s Sentencing Options Program uses reparative probation.



Sentencing

Two models:

Indeterminate Determinate (fixed)

Different sentencing practices have beenlinked to each of the goals of sentencing.

What are the advantages and criticisms to determinate and indeterminate





Indeterminate Sentencing

… A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences.



Indeterminate sentencing allows judges to have a wide range of discretion.

Sentences are often given in a range, i.e., “ten to twenty years.”

Probation and parole are options. Degrees of guilt can be taken into

account.




The behavior of the offender during incarceration is the main determining factor in release decisions.

A few states employ a partially indeterminate sentencing model.

Judge sets maximum time. Minimum set by law.




Criticisms of Indeterminate Sentencing

Indeterminate sentencing givesinadequate attention to:

Proportionality Equity Social debt

Gain time, good time, and other allowances may result in release even before the lower limit has been served.



PERCENTAGE OF SENTENCE TO BE SERVED BY NEW COMMITMENTS TO STATE PRISON

Offense Type Percentage

Violent 51

Property 46

Drug 46

Public-order 49

Average for all felonies 49

Bureau of Justice Statistics (1999)



Structured Sentencing

Structured sentencing developed, in part, as a response to the disparity in sentencing of the indeterminate model.

Structured sentencing includes: Determinate sentencing Voluntary/advisory sentencing guidelines Commission-created presumptive sentencing



Determinate Sentencing

… A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or earned time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars.



Offender is given a fixed sentence length.The sentence can be reduced by “good time.”The use of parole is eliminated.

Determinate Sentencing



Recommended sentencing policies that are not required by law but serve as guides for judges.

“Sentences” are based on past practices.

Voluntary/Advisory Sentencing Guidelines



Commission Based Presumptive Sentencing

… model of punishment that meets the following conditions:

1. Proper sentence is presumed to fall within the range authorized by sentencing guidelines.

2. If judges deviate from guidelines, they must provide written justifications.

3. Sentencing guidelines provide for some review, usually by an appellate court.



Presumptive Sentencing Guidelines

The federal government and 16 states now employ sentencing guidelines.

Guideline jurisdictions generally allow judges to take into account aggravating and mitigating circumstances.



Truth in Sentencing

… a close correspondence between the sentence imposed upon an offender and the actual time served prior to release from prison.

…an important policy focus.



Federal Sentencing Guidelines

Established under Sentencing Reform Act of 1984 and took effect in November 1987. 9 member commission set minimum sentences for certain federal offenses commission meets yearly to review guidelines.

The U.S. Sentencing Commission



Federal Sentencing Guidelines

Limit federal judges’ discretion Reduce disparity Promote consistency and uniformity Increase fairness and equity

Purpose of the Guidelines is to:



Career Offender

The career offender receives harsher sentences.

… requires a defendant to:

Be at least 18 at time of offense Commit a crime of violence or to traffic in a controlled substance Have at least two prior felony convictions for crimes of violence or trafficking



Of all federal cases, 90% are the result ofguilty pleas, of which the vast majorityare the result of plea negotiations.

Melendez v. U. S. (1996)—judges cannot accept plea bargains that would have resulted in sentences lower than the minimum required by law for a particular type of offense.

Plea Bargaining Under the Guidelines



Mandatory Sentencing

Mandatory sentences are a form of structured sentencing that allows NO leeway in the sentence required for a crime.

Takes away judicial discretion Results in less plea-bargaining and more trials. Have led officials to make earlier and more selective arrest, charging, and diversion decisions.



Three Strikes Laws

Some states have “Three Strikes Laws,” which require mandatory sentences (sometimes life without parole) when convicted of third serious felony.

The intent is to deter known and potentially violent offenders and to incapacitate repeat criminals for long periods of time.



Innovations in Sentencing

Some judges are paying closer attention to alternative sentencing strategies.

Judges in certain jurisdictions have begun to use the wide discretion in sentencing available to them and impose truly unique sentences, many of which involve shaming.

Terms to know:

• Sentencing: When a judicial authority imposes a criminal sanction.

• Recidivism: The repetition of criminal behavior.

• Deterrent: Inhibiting criminal behavior through fear of punishment.

Your assignment

In a paper, define, describe and discuss the advantages and disadvantages of indeterminate, determinate, and mandatory sentencing.

Define: State the meaning of these kinds of sentences.

Describe: Give an account of these kinds of sentences by telling more about them, such as when and where they are used.

Discuss: Give examples of these kinds of sentences currently and historically, talk about how they are used, and any benefits or drawbacks they may have.

Sentencing terms to know:Indeterminate – relatively unspecific terms (one to

10 years, for example) meant to encourage rehabilitation.

Determinate - a fixed term of imprisonment that may be reduced by good time.

Mandatory – Required sentence with no leeway. Clear-cut punishments are mandated for specific offenses, and also for habitual offenders convicted of a series of crimes.

Find at least five outside references.

Articles from academic journals, or peer-reviewed journals, are preferred.

Name an academic reference source?

Where you would you obtain these resources from?

Examples of Resources

• American Journal of Criminal Justice

• Correctional Law• Correctional Digest• Corrections Forum• Criminology Public

Policy• Federal Sentencing

Reporter

• Journal of Corrections Education

• Federal Probation• Websites

– Department of Justice– United States Sentencing

Commission– Bureau of Justice

Kaplan Library

• Enter the library from the main Kaplan page under “My studies”

• Utilize the super search function

• Select Criminal Justice/paralegal

• Unselect other options – ie education etc

• Example-– Super Search using the

word “sentencing” produced over 3,000 titles.

– Narrow search by using additional words

• ie. Indeterminate– Criminal– Recidivism

When to cite sourcesWhenever you are referring to an idea that is

not uniquely your own, one that has been drawn from another source, you must “cite”

that idea as someone else’s. The most common example is from a periodical or book:

Community policing involves developing a relationship between citizens and the police

department (Jones, 2005).

Example of a Citation

• The citation follows the expression of the idea; typically at the end of a sentence (an exception would be when you express two or more ideas in one sentence:– Community policing involves developing a

relationship between citizens and the police department (Jones, 2005).

Your paper must have 5-7 pages of content – what you have gathered from the journal articles.

Also, you need title, abstract and reference pages, which means the paper will be at least eight pages long.

What is an abstract, Title Page Etc.

• Abstract– Center the word at the

top of the page on a separate sheet after your title page.

– An Abstract is a summary of your topic for the reader it is double spaced an 100-150 word paragraph.

• It should express your main idea and key points

• Title PageShould include your name.Course numberProject nameDate

You can include a running header at the top ( this is optioinal)

PaperFormat

12 pt font New Times RomanDouble spaced

Include Page numberMust include a reference page with

5-7 academic references

Grading for Sentencing Project

Project is worth 200 points 1/5 of you overall grade.30% - Describing types of sentences20% - Research 5-7 academic sources35% - Discussion on pros and cons of various types of sentencing.15% - Format, source integration/attribution, mechanics, organization and language

Grading for Discussion Question

We have 4 discussion questions in over the 10 weeks course.

Unit 2, Unit 4, Unit 6 and Unit 8.Each question is worth 50 points.

Discussion grading rubric is located in the Doc Sharing Section. Content and contribution to the on-going discussion is the main focus

Submit your paper by the end of Unit 3 at midnight in the basket titled Unit 3: Sentencing Project.

I am here to help you!

BREAK IT DOWN

Documents

Transcript of BREAK IT DOWN