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Sentencing Decision and Its Implications, Including Conditions to Impose

Sentencing Decision and Its Implications, Including Conditions to Impose. Learning Objectives. Identify sentencing factors a judge may consider; Determine what information should be in a pre-sentence report or investigation; Interpret assessment tools;

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Sentencing Decision and Its Implications, Including Conditions to Impose

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  1. Sentencing Decision and Its Implications, Including Conditions to Impose

  2. Learning Objectives • Identify sentencing factors a judge may consider; • Determine what information should be in a pre-sentence report or investigation; • Interpret assessment tools; • Examine the role of the victim at trial and at sentencing; • Examine approaches to sentencing sex offenders;

  3. Learning Objectives (cont.) • Determine potential conditions of probation; • Identify unique issues relative to female sex offenders; and • Analyze continuum of sanctions for probation violations.

  4. Sentencing Factors Risk Assessment Tools Victims’ Rights Sentencing Factors Probation Case Studies Overview

  5. Sentencing Factors

  6. Sentencing Factors • The Law • State prison mandatory? • Mandatory conditions of probation? • The Crime • Extreme violence? • Weapons? • Multiple victims? • Impact on victim

  7. Sentencing Factors (cont.) • Defendant’s History • Prior record • Prior sex crimes? • Prior crimes of violence, weapons? • Family history and structure • Employment history • Physical health

  8. Sentencing Factors (cont.) • Defendant’s Treatment Needs • Psychological history, adjustment, and current status • Intellectual and cognitive functioning • Substance abuse history • Sexual attitudes • Response to prior treatment

  9. Sentencing Factors (cont.) • Defendant’s Risk of Re-offending • Actuarial assessment • Static-99 • RRASOR • Clinical • Psych/sexual evaluation • Motivation to change • Community support

  10. Sentencing Factors (cont.) • Correctional and treatment resources • Within institution • Community-based • Ability to pay • Degree of supervision

  11. Pre-Sentence Investigation Reports

  12. Pre-Sentence Investigation Reports What items or information need to be in a pre-sentence report or investigation? • All of the foregoing factors

  13. Victims’ Rights

  14. Victims’ Rights • Most states have a “Victims’ Rights” statute. • Defining a “victim” may be problematic. (All victims are not created equal.) • If the victim is a minor or is deceased, a member of a victim’s family or another person may exercise the rights of the victim.

  15. Victims’ Rights (cont.) • Many states permit the victim to be present during trial and sentencing even though she/he may be a witness against the defendant.

  16. Victims’ Rights (cont.) • Typically, the victim has the right to prepare and submit a victim impact statement. • Also, a victim has the right to make a statement prior to sentencing, and state laws often require that “the court shall consider” a victim’s statement.

  17. Victims’ Rights (cont.) • Statement to the court or defendant? • Security concerns • Oral? Reading? Video? • Allow questions by defendant? • Defendant’s right to speak?

  18. Probation

  19. Probation What Conditions of Probation or Supervision for Sex Offenders are available?

  20. Treatment • Participate in and complete specialized sex offender treatment program • Sign release of information • Submit to all testing

  21. Contact with Others • No contact with minor male/females • No contact without direct supervision • Stay away from places where children congregate • No association with sex offenders

  22. Contact with Others (cont.) • Stay 100 yards from victim, residence, school, work • No contact with family of victim

  23. Supervision • Register as sex offender • Carry registration certificate at all times/ present to law enforcement • Search and seizure • Polygraph examination

  24. Residence • Not within one mile of school, park, or recreation facility • Not with another sex registrant • Inform any person living with of status as sex offender • No minors in residence

  25. Employment • No employment that requires entry into residence • No employment that regularly has contact with minors • Approval of all employment by probation officer

  26. Travel/Activities • Not to enter, travel past, or loiter near adult bookstores, massage parlors, topless bars or sex shops • Maintain detailed travel log • Wear GPS system • Probation officer approves all recreation and leisure activities • Probation officer approves route of travel to work or treatment and means of travel

  27. Access to Sexual Material • No possession of children’s/women’s clothing (for male offenders) • No possession of pornographic material, whether involving adults or minors • No possession of computer/internet access • No use of 800 or 900 numbers

  28. Substance Abuse • May not possess or consume alcohol; may not frequent places where alcohol is chief item of sale • May not possess or use narcotics or controlled substances without medical prescription • Drug and alcohol testing

  29. Miscellaneous • No possession of cameras or video equipment • Non-confidential AIDS testing • No possession of identity concealing items

  30. Available Sanctions • Treatment • Victim Contact • Driving and Travel • Daily Living • Social/Sexual Behavior • Internet Restrictions • Work Restrictions • Alcohol and drugs • Disclosure • Polygraph, Plethysmograph, other tests • Other Technology Restrictions

  31. Limits What can a judge do to limit the risk to the community when the judge places a sex offender on probation?

  32. Responses to Limit Risk • Limiting access to victims • Electronic monitoring or curfews • No contact orders • Restrictions on movement • Increased monitoring, contact, treatment • Pre-revocation contracts • Admissions to violations

  33. Immediate Removal Assuming you place a defendant on probation, what conditions of probation would you impose which would require his/her immediate removal?

  34. Situations RequiringImmediate Removal of Offender • Possession of dangerous weapon • Contact with children initiated by offender and not reported • Substance abuse that is part of offense cycle • Offender physically harms another person

  35. Case Studies

  36. John A. Doe

  37. John A. DoeDemographics • 37-year-old male. • Currently married (nearly 10 years), 2 children. • Well-educated, obtained Master’s in Business Administration. • Stable employment – works in software development. • Stable home, stable finances.

  38. John A. DoeCurrent Offense • Indicted on two counts of Importuning (Internet solicitation) and Attempted Unlawful Sexual Conduct with a Minor. • Believed the person was a 14-year-old minor female. • Sexually explicit communications over two months’ time. • Apprehended after driving to agreed-upon meeting place.

  39. John A. DoeCurrent Offense (cont.) • Acknowledged having thoughts about having sexual contact, but claims to have changed mind. • Currently in counseling. • Pled guilty to two counts of Importuning. • Statutory penalties: • Importuning: 6-12 months of incarceration and/or up to $2500 fine.

  40. John A. DoeAdditional Background Information • Stable home during childhood. • No history of maltreatment. • No mental health, health, or substance abuse difficulties.

  41. John A. DoeCriminal History At age 17, fined for disorderly conduct.

  42. John A. DoeSentence How would you sentence John A. Doe, and what conditions would you impose?

  43. John B. Doe

  44. John B. DoeDemographics • 75-year-old male • Currently married, nearly 50 years; 3 children. • Retired (long-term, stable employment in paper company). • Stable residence, finances. • Health problems (triple bypass, high cholesterol, emphysema).

  45. John B. DoeCurrent Offense • Indicted on two counts each of Rape, Gross Sexual Imposition. • Victims were two granddaughters, ages 4 and 8, when offending began. • Occurred over a 2-year time period, multiple instances of having victims fondling and performing fellatio on him. • Blames victims, indicates victims initiated and desired the contact.

  46. John B. DoeCurrent Offense (cont.) • Denies harm to victims, no evidence of remorse. • Pled guilty as charged. • Statutory penalties: • Rape: 3-10 years/$20,000 fine. • Gross Sexual Imposition: 1-5 years/$10,000 fine.

  47. John B. DoeCriminal History No prior record.

  48. John B. DoeAdditional Background Information • Stable home during childhood. • No history of maltreatment. • Quit school during 8th grade, later obtained GED. • Two years of military service, honorable discharge. • No mental health or substance abuse difficulties.

  49. John B. DoeSentence How would you sentence John B. Doe, and what conditions would you impose?

  50. John C. Doe

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