1 Chapter 11 SENTENCING AND SANCTIONS Purpose of

1 Chapter 11 SENTENCING AND SANCTIONS

Purpose of Criminal Sanctions – A penalty imposed for violating accepted social norms. A sanction may be civil or criminal in nature. Criminal sanctions are either fine, imprisonment, or both. 2

Philosophies of Punishment 1. Deterrence Incapacitation 3. Retribution 4. Rehabilitation 5. Restorative Justice 2. 3

Philosophies of Punishment 1. Deterrence – to prevent future crime. A painful experience should deter recurring behavior. Corporal Public Punishment (inflicting pain) Punishment Sterilization 4

Would deterrence work on him? 5

Philosophies of Punishment 2. Incapacitation – remove from society so criminals are prevented from committing other crimes Banishment Transportation (Convicts moved somewhere else) Prison 6

Philosophies of Punishment 3. Retribution – punishment because they deserve it. Many cases in a similar fashion to the crime committed. “an eye for an eye” Death penalty – (Controversial) 7

8

Philosophies of Punishment 4. Rehabilitation – “cure” the offender of criminal behavior Psychology, medicinal/drug treatment, self -esteem counseling, education Focus on juvenile crime 9

Philosophies of Punishment 5. Restorative Justice – rehabilitating the victim to address the damage done Restitution Community Mediation Service between victims and criminals 10

Sentencing • THE JURY DETERMINES GUILT BUT THE JUDGE SETS THE PUNISHMENT. • EXCEPT IN CAPITAL CASES…. WHERE A JURY IS USED IN SEVERAL STATES. 11

Sentencing All criminal laws passed by state legislature of U. S. Congress must specify a range of punishments a judge can impose. Misdemeanor – maximum sentence cannot exceed one year Felony – maximum sentence of life On average it takes over a year from verdict to sentencing!!!!! 12

Sentencing 13 Pre-sentence Investigation Report – to help judge decide best sentence Previous crimes and convictions considered Employment, family, and reputation considered Guilt, remorse, and cooperation Victim impact statement allowed sometimes

Look at the example 14

Austin Myers - Ohio https: //www. youtube. com/watch? v=CLJQPF 6 Ucy. U https: //www. youtube. com/watch? v=Iykahf 4 Php 0 https: //www. youtube. com/watch? v=Mu 2 hq 9 C 6 v. ZQ 15

Death Penalty – To be or not to be? 16

Informal Debate Go to the criminal justice class page. Open the document titled “Death Penalty Discussion Worksheet” Email me when finished. 17