Intro to cj ch 9 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 9: Sentencing



9.1

9.2

9.3

9.4

Describe the purpose of sentencing.

Explain how the criminal justice system sentencesthe offender who claims to be mentally ill.

Identify the factors that can influence whether the defendant

receives a fair sentence, including the role and process of

the presentence investigation and sentencing hearing.Describe the various sentencing models and explain

theirinfluence on the sentence.

Summarize the challenges to the death penalty sentence, and explain how U.S. Supreme Court rulings

have affected the death penalty sentence.9.5

CHAPTER OUTCOMES



9.1 Describe the purpose of sentencing.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



The History of Sentencing9.1• The history of punishment in the United States is

rooted in economic sanctions, corporal punishment, and death.

• Historically, punishments in England and the American colonies consisted primarily of fines, restitution, ordeals, corporal punishment, and torture.

• Criminals who could not afford to pay the fines or restitution imposed on them could be sold into economic servitude, a form of slavery, to pay the fines.

• Corporal punishment included whipping, branding, dunking, confinement to the stocks or pillories, and other pain-inflicting rituals.



The Purpose of Sentencing9.1

Rehabilitation

Retribution

Incapacitation

Deterrence

RestorativeJustice



Deterrence9.1• Deterrence is the philosophy and practices

that emphasize making criminal behavior less appealing.

• Punishments based on deterrence include economic sanctions, corporal punishment, and threat of bodily harm, all of which are based on the premise that people seek pleasure and avoid pain.



Deterrence9.1

Specific Deterrence

When an individual who has committed a

crime is deterred from committing that crime in the future by

the nature of the punishment

General Deterrence

The concept based on the logic that people who witness the pain

suffered by those who commit crimes will want to avoid that pain and will

refrain from criminal activity

vs.



Incapacitation9.1The theory of incapacitation assumes that offenders cannot be rehabilitated and it will never be safe to release them back into society.

Two of the oldest forms of incapacitation are banishment and transportation:

•Banishment removed offenders from society, often under the stipulation that if they returned, they would be put to death.•Transportation removed offenders from society by literally moving them to another place.



Retribution and Rehabilitation9.1

RetributionDeterrence based on the premise that criminals

should be punished because they

deserve it

Rehabilitation

Deterrence based on the premise that criminals can be "cured" of their

problemsand criminality and can

bereturned to society



Restorative Justice9.1

A model of deterrence that uses restitutionprograms, community work programs,victim-offender mediation, and other strategies not only to rehabilitate the offender, but also to address the damage done to the community and the victim.



9.2Explain how the criminal justice system sentences the offender who claims to be mentally ill.




Mentally Ill Offenders9.2

Legally SaneNot Guilty by

Reason ofInsanity

Civil Commitmen

tExamination

Guilty ButMentally

Ill

An assumptionthat a

defendant knows right

from wrong and that his or herbehavior was

willful

A verdict by which the jury

finds that a defendant

committed the crime but was

insane

A determination of whether the

defendant should be

released or confined to an institution forpeople with

mental illness

A new type of verdict in which the jury finds a

defendant mentally ill but

sufficiently aware to be

morally responsible for

his or her criminal acts



Insanity Defense Reform Act of 19849.2

In federal courts, the defendant found not guilty by reason of insanity must undergo a civil commitment examination within 40 days of the verdict.



9.3

Identify the factors that can influence whether the defendant receives a fair sentence, including the role and process of the presentence investigation and sentencing hearing.




Inaccurate reports resulting in

recommendations for sentence

lengths that are excessive or insufficient.

A biased jury could make unfair decisions based on emotion or

prejudice. Biased jurors can be

removed using the voir dire

process, which is the questioning of potential jurors to

determine whether they have biases.

Overburdened public defenders unable to provide

adequate representation could result in

innocent defendants failing to receive a fair trial, wrongful convictions, &

innocent defendants spending

unnecessary pretrial time in jail.

Prosecutorial misconduct can

result in wrongful prosecution of

defendants, guilty defendants

escaping justice, and the public

seeing the criminal justice

system as biased and unfair.

Selection of incompetent or biased judges,

criminal misconduct in judicial decisions, abuse of powers, &

biased decisions can result in

wrongful convictions,

verdicts based on bribery, and

distrust of the courts.

Presentence

Investigator

A Fair Sentence9.3

JuriesDefense Attorney

ProsecutorThe JudgeLegislatio

n (Laws)

The following six major factors may have a significant impact on the fairness of a sentence:

If a law is unfair, unconstitutional

or discriminatory, it can lead to loss of respect for the law, and civil and

violent protest against the law.



A Fair Sentence9.3

The presentence investigation is based on the assumption that the defendant is guilty, the protests of a wrongfully convicted defendant will be held against the defendant, and the defendant will be seen as being uncooperative and unwilling to take responsibility for his or her actions.



Presentence Investigation Report9.3• A presentence investigation involves an in-

depth interview and investigation into the background of a convicted defendant and the impact of his or her crime on victims and the community results in a presentence investigation report with recommendations for specific sanctions.

• The presentence investigator is a person who works for the court and has the responsibility of investigating the background of the convicted offender and the circumstances surrounding the offense.



Presentence Investigation Report9.3• The judge sets a date for a sentencing

hearing, at which the prosecution and the defense have the opportunity to critique the recommended criminal sanctions.

• The judge also may allow victim impact statements at the presentence hearing, in which victims of the crime have a chance to influence sentencing.



9.4Describe the various sentencing models and explain their influence on the sentence.




Determinate vs. Indeterminate Sentencing9.4

Indeterminate

•A model of sentencing in which judges have nearly complete discretion in sentencing an offender

•Sentences vary from judge to judge

Determinate•A model of sentencing in which the offender is sentenced to a fixed term of incarceration

•The term can be reduced by parole or good behavior

vs.



Mandatory and Habitual Offenders9.4• Mandatory sentencing is legislation that

provides a fixed sentence for offenders found guilty where the judge has no discretion in sentencing (usually used for certain crimes such as those involving firearms and drugs).

• Habitual offender laws are similar to mandatory sentencing in that legislation specifies a period of incarceration on a finding of guilt with no discretion given to the judge to alter the sentence (it applies only to repeat offenders).



Mandatory and Habitual Offenders 9.4

•In sentencing guidelines, crimes are classified according to seriousness, and a range of time is mandated for crimes within each category.



AggravatingFactors:Increase the seriousness of punishment

MitigatingFactors:

Show remorse or responsibility

Presumptive Sentencing9.4

Factors Considere

dby the Judge

Presumptive sentencing is a structured sentencing model that attempts to balance sentencing guidelines with mandatory sentencing and at the same time provide discretion to the judge.



9.5Summarize the challenges to the death penalty sentence, and explain how U.S. Supreme Court rulings have affected the death penalty sentence.




The Death Penalty9.5• Capital punishment —the death penalty—

can be traced back to the earliest records of human history.

• In English common law, the roots of the American system of justice, even minor thefts could be punished by death, and the prisoner could be tortured in the process.



The Death Penalty9.5• Those universally opposed to the use of capital

punishment are called abolitionists.

• A bifurcated trial is a two-part trial structure in which the jury first determines guilt or innocence and then considers new evidence relating to the appropriate punishment.



Landmark Court Cases 9.5

Furman v. Georgia (1972)

U.S. Supreme Court banned the use of the

death penalty.The court declared that the

manner in which it was applied was

unconstitutional and made all states submit proof to the U.S. Supreme Court

that their use of the death sentence was fair,

equitable, and proportional to the crime.

Gregg v. Georgia (1976)

Reinstated death penalty but required that trials for capital offenses had to be conducted in two

separate parts (bifurcated trial).



The Death Penalty9.5

Reconsideration of the Death Penalty



In modern-day society, punishment is not to be cruel and unusual; hence, judges are guided by the law as to the type and range of punishments that may be imposed.

Sentences must be fair and cannot discriminate on factors such as race, sex, or religion. There are five

contemporary philosophies concerning the purpose of punishment: deterrence, incapacitation, retribution,

rehabilitation, and restorative justice.

Guilt in the criminal justice system is based on the assumption that the defendant can distinguish between right and wrong. However, a defendant might plead not guilty by reason of insanity. If a defendant is found not

guilty by reason of insanity, he or she will not be criminally sanctioned, but placed in a mental institution.

9.1

9.2

CHAPTER SUMMARY



The presentence investigation report is important in providing a fair sentence. A presentence investigation

gathers information about the convicted offender to help the judge determine the appropriate sentence. This report includes the defendant's employment history,

family relationships, and reputation in the community.

9.3

CHAPTER SUMMARY

There are two types of sentencing models: indeterminate and determinate. The indeterminate

sentencing model gives the judge broad discretion in determining a range of sentences. The determinate

sentencing model limits the judge's flexibility, as the offender is given a fixed term of incarceration.

Habitual offenders might be sentenced under a three-strikes law, in which repeat offenders receive longer

mandatory sentences.

9.4



The U.S. Supreme Court hears many challenges to the death penalty based on the position that it violates the Eighth Amendment as cruel and unusual punishment. In addition, the U.S. Supreme Court must address civil rights issues that arise in death penalty cases. Today, many states have reconsidered their use of the death

penalty; some have even abolished its use.

9.5

CHAPTER SUMMARY