AJ 50 – Introduction to Administration of Justice

Chapter 9 -

Sentencing

Why Do We Punish Criminals?

When does a person learn that breaking the rules = some type of punishment?

What is the Penal Code?– A book of punishments!– If you do this crime, here’s what will happen…

“Just Deserts” = A person gets what he/she deserves

Sentencing = imposing a criminal sanction by the courts

Theories of Punishment

Retribution– Taking revenge against a wrongdoer– Follows “Just Deserts” philosophy

Incapacitation– Preventing criminals from doing more crimes while

incarcerated

Deterrence– Inhibiting criminal behavior through fear of

punishment

Types of Deterrence

Specific Deterrence– Focus on the criminal him/herself– Punishment will prevent future criminal acts by

this individual wrongdoer

General Deterrence– Focus on others in society who may be

influenced not to commit crime due to punishment of another individual

– Learn from another’s mistake

Theories of Punishment(continued)

Rehabilitation– Attempt to “cure” or reform the criminal offender– Counseling, education, vocational training, etc.

Restoration– Restorative Justice– Focus on making the victim “whole” again– Includes restitution and increases participation of

victim throughout process

Sentencing Concepts

Proportionality– Severity of sanctions should bear a direct

relationship to seriousness of crime Equity

– Similar crimes should be punished equitably, regardless of defendant’s social status

Social Debt– Looking at a defendant’s criminal history to

determine overall “debt to society”

Sentencing Considerations

Aggravating Circumstances– Negative actions or behaviors that make the crime

worse than normal– May lead to harsher sentence

Mitigating Circumstances– Positive actions or behaviors that tend to lessen the

“criminality” of a defendant– May lead to lighter sentence

Truth in Sentencing– Federal guideline calling for close correspondence

between sentence imposed and time actually served

Indeterminate Sentencing

General, unspecified term of sentencing based upon discretion of judge

– Actual time served depends on inmate’s behavior/progress while incarcerated

Gain Time– Time deducted for participation in special

programs

Good Time– Time deducted for good behavior

Determinate Sentencing

Fixed term, determined by criminal act

– Allows some flexibility for early-release

Presumptive Sentencing– Appropriate sentence for criminal

offender presumed to fall within legislative guidelines

Mandatory Sentencing

Structured sentencing mandates for specific offenses or habitual offenders

California Three-Strikes Law (1994)– Targets “career criminals”– Two or more previous convictions for a violent or

serious felonies… 3x the normal sentence, or 25 years-to-life in prison

Alternative Sentencing

Diversion– Referral to treatment/care facility instead of criminal

proceedings Other Alternatives

– Community Service – Drug/Alcohol, Family Counseling– Anger-Management

Pre-Sentence Investigations– Offender’s background– Conducted by Probation or Parole

Public-safety considerations?

Victims’ Rights Movement

All 50 states allow for some type of monetary payments to crime victims– Medical expenses, lost wages, etc.

Crime Victims’ Rights Act (1994)– Protection from accused– Notification of proceedings, release, etc.– Inclusion in proceedings– Restitution

The Ultimate Punishment

Capital Offense– Criminal offense punishable by death

Capital Punishment = Death Penalty– Federal government and 37 states

Writ of Habeas Corpus– Directs detaining authority to bring detainee before a judge to

determine lawfulness of imprisonment– Historically used to delay capital punishments

US Executions– 1930 - 1967 = 3,859– 1976 - 2008 = 1,132

CA Executions– 1930 – 1967 = 292– 1977 – 2008 = 13

Pros and Cons

Opposition to Capital Punishment– Innocence– Deterrence– Discrimination– Expense

Justifications for Capital Punishment– Revenge– Just Deserts– Protection and Public Safety

What do you think???