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Punishment and Sentencing

Punishment and Sentencing. Punishment Background and goals Forms of sanction Incarceration Intermediate Probation Death. Sentencing Administrative context Influences on judges Presentence report Sentencing guidelines Equity and sentencing. History of Punishment. Goals of Punishment.

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Punishment and Sentencing

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  1. Punishment and Sentencing • Punishment • Background and goals • Forms of sanction • Incarceration • Intermediate • Probation • Death • Sentencing • Administrative context • Influences on judges • Presentence report • Sentencing guidelines • Equity and sentencing

  2. History of Punishment

  3. Goals of Punishment Retribution Deterrence Incapacitation Rehabilitation

  4. Incarceration • Most visible • Less than 30% • Deterrent value • costs

  5. Determinate vs. Indeterminate • Determinate or fixed sentencing.Fixing of specific penalties by legislatures according to the seriousness of the offense. • Indeterminatesentencing.Sentencing that is determined by judges and corrections authorities according to individual offenders.

  6. Mandatory Sentencing A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria.

  7. Intermediate Sanctions • Types • Usually combined • Costs

  8. Probation • Most used • Tied to threat of incarceration • Less violent offenders • Shock probation

  9. Death Penalty • Use • Death Penalty and the Constitution • Continuing controversy

  10. Death Penalty and the Constitution • Furman v. Ga. (1972) • Gregg v. Ga. (1976) • McCleskey v. Ga. (1987) • Minors • Retarded Eighth Amendment

  11. Sentencing: Administrative Context • Misdemeanor Courts - Assembly line - Assumptions - Psychic costs Felony Courts and judicial discretion

  12. Influences on Judges’ Sentencing Decisions Ideology Administrative pressures Public opinion Background Presentence Report

  13. Minnesota Sentencing Guidelines Grid

  14. Equity and Sentencing • Concerns • Studies • Difficulties in evaluating differences

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