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Sentencing Chapter 9

Sentencing Chapter 9. Up until now, we have covered Crime in America, Policing, the courts and the various people involved in the courts. Chapter 9 is how sentencing works. Sentencing. What is sentencing?

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Sentencing Chapter 9

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  1. Sentencing Chapter 9 Up until now, we have covered • Crime in America, • Policing, • the courts and the various people involved in the courts. Chapter 9 is how sentencing works

  2. Sentencing What is sentencing? It’s defined as the imposition of a criminal sanction by a judicial authority After a defendant is convicted or pleads guilty, a judge will decide on the appropriate punishment (or sentence) during the sentencing phase of a criminal case. Sentencing for criminal offenses can range from probation and community service to prison and even the death penalty. a penalty on a person convicted of a crime

  3. Sentencing Death Penalty

  4. In California, it’s not cheap Current prison population in California 2015 Women Men Total 5,632 123,268 128,900 Parole -45,473 California Death Penalty costs total $4.6 Billion

  5. How much do tax payers pay? • It costs an average of about $47,000 per year to incarcerate an inmate in prison in California. • Maintaining each death row prisoner costs taxpayers $90,000 more per year than a prisoner in general population.

  6. Sentencing Traditional Sentencing • Imprisonment • Fines • Probation • Death Parole What is the difference? Cover in Chapter 10

  7. Differences Probation and parole are both alternatives to incarceration. However, probation occurs prior to and often instead of jail or prison time, while parole is an early release from prison. In both probation and parole, the party is supervised and expected to follow certain rules and guidelines.

  8. Sentencing Goals • Retribution • Incapacitation • Deterrence • Rehabilitation • Restoration A just deserts perspective that emphasizes taking revenge on a criminal perpetrator or group of offenders The use of imprisonment or other means to reduce the likelihood that a particular offender will commit more crime A Sentencing rationale that seeks to inhibit criminal behavior through punishment or the fear of punishment The attempt to reform a criminal offender A goal of sentencing that seeks to make the victim “whole again”

  9. Sentencing Goals cont’d • General Deterrence • Specific Deterrence Seeks to prevent future crimes like the one for Which the sentence is being imposed Seeks to prevent a particular offender from engaging in repeat criminality

  10. Retribution The earliest-known rationale for punishment, is a call for punishment based on a perceived need for vengeance. (The act of taking revenge on a criminal perpetrator) https://www.youtube.com/watch?v=Et3eVcMdxBI The punisher, last scene https://www.youtube.com/watch?v=vN1EBlXcjyU Shooter, last scene

  11. AGENDA Chapter 9, Sentencing continued

  12. Vengeance Defined as: Punishment inflicted or retribution exacted for an injury or wrong However, have you ever thought about the family of a convicted criminal? What about their pain? https://www.youtube.com/watch?v=_9qsxe5kHdo Vengeance, depending on the crime, what are your true feelings? Remorseful for suspects or vengeance and revenge Brutal rape and murder cases, death sentence https://www.youtube.com/watch?v=ih8z1jMnPbc

  13. Retribution Early punishment was immediate Today, retribution corresponds with the model of sentencing called “Just Deserts” Which simply means, offenders are responsible for their crimes Just deserts- which is deserved. A reward for what has been done - good or bad

  14. Early treatment of prisoners

  15. Incapacitation This is the second goal of criminal sentencing The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses “lock ‘em up approach”

  16. Deterrence A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment This is a theory!! Capital Punishment?

  17. Recidivism Defined as, “the tendency of a convicted criminal to reoffend.” Recidivism is a repeated relapse, or the rate at which criminals re-offend. When 50 percent of criminals who get out of jail are back there within a year, this is an example of a 50 percent recidivism. 

  18. Deterrence

  19. Rehabilitation The attempt to reform a criminal offender The ultimate goal of rehabilitation is a reduction the number of criminal offenses Defined as: To restore to good health or useful life, as through therapy and education: rehabilitate a prison inmate. Source: http://www.thefreedictionary.com/rehabilitation

  20. Rehabilitation Most people may think of prisons as nothing more than facilities where criminals are incarcerated and deprived of their freedoms while serving a sentence for a crime. While this is true, the concept of imprisonment is also intended to rehabilitate the prisoners. So, how do we rehabilitate them In an effort to offer better rehabilitative services to the inmates, many prisons have begun providing psychiatrists to help deal with prisoners’ mental disorders and psychological issues. Prisons also offer classroom settings in which inmates can learn to read and educate themselves. These methods are proven to have a positive effect on the prisoners and have helped many to overcome a background with little or no education.

  21. Restoration A goal of criminal sentencing that attempts to make the victim “whole again” Victims of crime and their families are frequently traumatized by their experiences Restorative Justice

  22. Restorative Justice

  23. Indeterminate Sentencing Encourages rehabilitation through the use of general and relatively unspecific sentences

  24. Consecutive Sentence One of two or more sentences imposed at the same time, after conviction for more than one offense, and served in sequence with the other sentence. (Consecutive sentences are served one after the other,)

  25. Consecutive Sentence Cont’d • When sentences run consecutively, defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense. If a defendant is convicted of a number of crimes that carry lengthy prison terms, the difference between consecutive and concurrent sentences can be tremendous. Example: Two or more sentences of jail time to be served one after another. For example, if a convicted felon was sentenced to two consecutive ten-year terms, the total sentence would be 20 years.

  26. Concurrent Sentence One of two or more sentences imposed at the same time, after conviction for more than one offense, and served at the same time. the Concurrent sentences are served simultaneously

  27. Concurrent Sentence cont’d • When a criminal defendant is convicted of two or more crimes, a judge sentences the defendant to a certain period of time for each crime. Sentences that may all be served at the same time, with the longest period controlling, are concurrent sentences. Judges may sentence concurrently out of compassion, plea bargaining, or the fact that the several crimes are interrelated. When the sentences run one after the other, they are consecutive sentences

  28. Gain Time The amount of time deducted from time to be served in prison on a given sentence as a result of participation in special projects or programs

  29. Good Time The amount of time deducted from time to be served in prison on a given sentence as a result of good behavior

  30. Presumptive Sentencing • Appropriate sentence for an offender set down by laws • Sentencing judges are expected to sentencing within the range or provide written justification • There is a mechanism for review, usually appellate, or any departure from the guidelines

  31. Aggravating Circumstances Circumstances relating to the commission of a crime that makes it more grave than the average instance of that crime Call for a tougher sentence due to heinous behavior https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=190.&lawCode=PEN Example of murder sentencing

  32. Examples of aggravating circumstances • the age of the survivor; • relationship between perpetrator and survivor; • use or threat of use of violence; • if the survivor suffered mental or physical injury as a result of the assault;  • multiple perpetrators or accomplices; • use or threat of use of weapons; • if the survivor is physically or mentally impaired; and • multiple acts of sexual assault

  33. Mitigating Circumstances Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the offender For example: Wanda walks in on her husband having an affair with another woman. She becomes enraged, picks up a heavy lamp, and hits him over the head, killing him. If Wanda is convicted of murdering her husband, the court may consider her emotional state as a mitigating circumstance when sentencing her. This does not excuse Wanda from committing murder, but sheds light on the reason for her actions.

  34. Aggravating/Mitigating circumstances

  35. Three-Strikes Laws • Spring of 1994, law passed (Problems) • Requires mandatory sentences for offenders convicted of a third serious felony • 2012, Changes to three-strike law • Those who commit new “Serious or Violent” felonies • Previously released murderers, rapist, or child molesters

  36. Mandatory Sentencing • Just what it implies Specific offenses or for habitual offenders convicted of a serious crime Mandatory minimum sentencing laws set minimum sentences for certain crimes that judges cannot lower, even for extenuating circumstances. The most common of these laws deal with drug offenses and set mandatory minimum sentences for possession of a drug over a certain amount.

  37. Victim Impact Statements An In-court statement made by the victim or by survivors to sentencing authorities seeking to make an informed sentencing decision

  38. Death: The ultimate sanction • Capital Punishment- The death Penalty • Capital Offense- A criminal offense punishable by death

  39. Death Penalty • All death penalty get an automatic appeal The process is: http://www.capitalpunishmentincontext.org/resources/dpappealsprocess http://www.deathpenaltyinfo.org/

  40. Death Penalty There are currently 30 states with the death penalty

  41. All those in green

  42. Most of these crimes will possibly get you a death sentence • first-degree murder with special circumstances[for financial gain • the defendant had previously been convicted of first or second degree murder • multiple murders • committed using explosives   • to avoid arrest or aiding in escaping custody • the victim was an on-duty peace officer; federal law enforcement officer or agent; or firefighter • the victim was a witness to a crime and the murder was committed to prevent them from testifying ( • the victim was a prosecutor or assistant prosecutor; judge or former judge; elected or appointed official; juror and the murder was in retaliation for the victim's official duties • the murder was "especially heinous, atrocious, or cruel, manifesting exceptional depravity" • the murderer lay in wait for the victim • the victim was intentionally killed because of their race, religion, nationality, or sexual orientation. (a hate crime). • the murder was committed during the committing of a robbery; kidnapping, rape, or sodomy a very evil quality or way of behaving

  43. Questions Upcoming, Probation, Parole and Community Corrections

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