Punishment Sentencing Chapter 10 in Your Textbook John
Punishment & Sentencing Chapter 10 in Your Textbook John Massey Criminal Justice
Philosophies for Punishment n Four basic philosophies n n Incapicitation n n n Prevent future crimes Setting an example (cost/benefit analysis) General and Specific Deterrence Rehabilitation n Offenders can no longer pose a threat to society Take away criminal ability Remove from community = reduce criminal opportunity Deterrence n n 1) incapacitation, 2) deterrence, 3) rehabilitation, 4) retribution Do not just punish Treat and cure (drug treatment, etc. ) Retribution n n Eye for an eye Punishment should be proportional to crime committed
Forms of Sentencing n Intedeterminate, Determinate, Truth-In-Sentencing n Interdeterminate sentencing n n n Determinate sentencing n n n Fixed sentencing Offender serves an exact amount (usually cannot be reduced) Truth-in-sentencing n n n Judge determines minimum and maximum terms for imprisonment When minimum is reached – person is eligible for parole Requires those convicted of certain crimes to serve at least 85 % of sentence Part of “get-tough” movement Good time n n Reduction in time served by prisoners based on their good behavior Not used as often as it was in the past
Forms of Punishment n Different ways to punish our criminals n Capital Punishment n n Imprisonment n n Very common Jails and prisons Overcrowding and budget problems Probation n n The death penalty (38 states and the federal govt. ) 1 st degree murder, murder of a police officer Electric chair, lethal injection, firing squad A Community Sanction Eases overcrowding Electronic monitoring, house arrests, boot camps, etc. Fines n n n Yet to catch on in the U. S. Some minor crimes and drug cases Part of salary or income in other countries
Forms of Punishment n Restitution and Community Service n n Restorative Justice n n Reparations to injured party Pay victims of a crime for “damages” Cleaning up litter on roads, painting, landscaping, etc. Apologize, show remorse, admit your faults Shame Punishment n n Newest form Shoplifters, sex offenders
Sentencing Decisions n Seriousness of offense Criminal history Employment Victims n Sentencing Disparity n n n Sentencing Guidelines n n Crack v. cocaine possession (5. g v. 500 g. ) Require judges to give determined sentences based on variety of factors Seriousness of crime Criminal record Mandatory Sentencing/Habitual Offender Laws n n n Specific crimes Long sentences Ex: three strikes
More on the Death Penalty n n Legal until 1972 Furman v. Georgia (5 -4 vote) n n n Gregg v. Georgia (1976) n n n Think prohibition of alcohol Few executions from 1976 -1985 Increase since 1985 Slowed up in last few years n n Violated 8 th amendment Cruel and unusual punishment Technology, DNA, Forensics Texas #1, Virginia #2 The Death Penalty Debate n Death v. life in prison without the possibility of parole (the question)
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