CRIMINAL JUSTICE

A Brief Introduction, 6/E

by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Chapter 9
Sentencing
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Learning Objectives
Describe the five goals of contemporary
criminal sentencing
Illustrate the difference between
indeterminate and structured sentencing
Describe the different types of structured
sentencing models in use today
Define mandatory sentencing
Describe truth in sentencing
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Learning Objectives
Explain the importance of federal sentencing
guidelines
Describe the nature and importance of the
presentence investigation report
Describe the history of victims rights and
services
List the four traditional sentencing options
Outline the arguments for and against the death
penalty
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Sentencing
Sentencing refers to:



Society looks to sentencing to achieve a
diversity of goals.

Web Extra 9-1

Hear author discuss the chapter.
The imposition of a criminal sanction by a judicial
authority.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The Philosophy and Goals of
Criminal Sentencing
Retribution
Incapacitation
Deterrence
Rehabilitation
Restoration
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Retribution
Retribution refers to:


Just deserts refers to:
The act of taking revenge on a criminal perpetrator.
A model of criminal sentencing that holds that
criminal offenders deserve the punishment they
receive at the hands of the law and that punishment
should be appropriate to the type and severity of the
crime committed.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Incapacitation
Incapacitation refers to:



It requires only restraintand not
punishment.
Sometimes called the lock em up
approach.
The use of imprisonment or other means to
reduce the likelihood that an offender will
commit future offenses.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Deterrence
Deterrence refers to:


Specific deterrence:
The sentence is an attempt to prevent a particular
offender from engaging in repeat criminality.

General deterrence:
The sentence seeks to prevent others from
committing crimes similar to the one for which a
particular offender is being sentenced by making
an example of the person sentenced.
A goal of criminal sentencing that seeks to inhibit criminal
behavior through the fear of punishment.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Rehabilitation
Rehabilitation refers to:


1970s saw a nothing works doctrine.
Today, there is emerging evidence of the
effectiveness of treatment programs.
Library Extra 9-1
The attempt to reform a criminal offender. Also, the
state of mind in which a reformed offender is said to
be.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Restoration
Restoration refers to:


Restorative justice refers to:



Library Extra 9-2
Web Extra 9-2
A goal of criminal sentencing that attempts to make
the victim whole again.
A sentencing model that builds on restitution and
community participation in an attempt to make the
victim whole again.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Differences between Retributive
and Restorative Justice
Retributive Justice

Restorative Justice

Crime is an act against the
state

Crime is an act against the
individual or community
The criminal justice system
controls crime
Crime control lies primarily
with the community
Offender accountability is
defined by punishment
Offender accountability is
defined by responsibility
Victims are peripheral Victims are central
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Indeterminate Sentencing
Indeterminate sentencing refers to:



Factors considered:
Motive
Intended harm
Victim contribution
Damage inflicted
Offender mental state
Likelihood of successful rehabilitation
Offender cooperation
A model of criminal punishment that encourages
rehabilitation through the use of general and relatively
unspecific sentences.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Critiques of Indeterminate
Sentencing
Contributes to inequality in sentencing

Allows judges personality in sentencing

Produces dishonesty in sentencing

An amount of time is deducted from time to be
served in prison on a given sentence.

Gain time vs. good time
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Structured Sentencing
Proportionality refers to:



Equity refers to:
A sentencing principle that holds that the severity of
sanctions should bear a direct relationship to the
seriousness of the crime committed.
A sentencing principle, based on concerns with
social equality, that holds that similar crimes should
be punished with the same degree of severity.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Structured Sentencing
Social debt refers to:



Structured sentencing refers to:
A sentencing principle that holds that an offenders
criminal history should objectively be taken into
account in sentencing.
A model of criminal punishment that includes
determinate and commission-created presumptive
sentencing schemes, as well as voluntary/advisory
sentencing guidelines.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Structured Sentencing
Determinate sentencing refers to:



Voluntary/advisory sentencing guidelines:
A model of criminal punishment in which an offender
is given a fixed term that may be reduced by good
time or gain time.
Recommended sentencing policies that are not
required by law.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Structured Sentencing
Presumptive sentencing is a model of criminal
punishment that meets the following conditions:
A sentencing commission develops a range of
sentences.
Sentencing judges are expected to sentence
within the range or to provide written justification
for departure.
There is a mechanism for review of any departure
from the guidelines, usually appellate review.
Library Extras 9-3 and 9-4
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Structured Sentencing
Aggravating circumstances refers to:



Mitigating circumstances refers to:
Circumstances relating to the commission of a crime
that make it more grave than the average instance
of that type of crime.
Circumstances relating to the commission of a crime
that may be considered to reduce the
blameworthiness of the defendant.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Critiques of Structured Sentencing
Structured sentencing is overly simplistic, based
on a primitive concept of culpability and
incapable of offering hope for rehabilitation.

While it reduces judicial discretion substantially,
it does nothing to control prosecutorial
discretion.

It is a regressive social policy that does not
consider offenders as individuals.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Mandatory Sentencing
Mandatory sentencing is a structured
sentencing scheme with enumerated
punishments which are mandated for
specific offenses or for habitual offenders
convicted of a series of crimes.

Three strikes laws
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Mandatory Sentencing
Under mandatory sentencing, officials tend
to make earlier and more selective arrest,
charging, and diversion decisions.

Diversion refers to:
The official suspension of criminal proceedings against an
alleged offender at any point before the entering of a
judgment, and the referral of that person to a treatment or
care program administered by a nonjustice or private agency.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Truth in Sentencing
In 1984, with the passage of the
Comprehensive Crime Control Act, the
federal government adopted presumptive
sentencing.

The act also addressed truth in
sentencing.
This required that certain violent offenders
serve 85% of their sentences.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Federal Sentencing Guidelines
The Sentencing Reform Act of 1984
established a nine-member U.S.
Sentencing Commission.

Built around a table containing 43 rows, each
corresponding to one offense level.

Six rows corresponded to the criminal history
category of the offender.

Web Extras 9-3 and 9-4
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Plea Bargaining under the
Guidelines
The commission allows plea bargaining to
continue but requires that the agreement:

Be fully disclosed in the record of the court.

Detail the actual conduct of the offense.

Library Extra 9-5
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Downward Departures in Federal
Sentencing, 19952001
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The Presentence Investigation
Before imposing a sentence, a judge may
request background information on the
defendant, called a presentence investigation
report.

It is usually conducted by a probation officer and
includes:

Personal, social, financial, educational, and religious
background.

Criminal history.

Health information, including alcohol and drug use.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The VictimForgotten No Longer
Since the Victims Rights Movement of the
1970s, the sentencing process now frequently
includes consideration of victim needs.

Attempts to add a victims rights amendment to the
U.S. Constitution
Web Extra 9-5

Improved victim services
Library Extra 9-6

Victim-impact statement
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Crime Victims Rights Act, 2004
Act gives victims of federal crime the right:
To be reasonably protected from the accused.
To timely notice of any proceedings.
To be included in such proceedings.
To be reasonably heard at proceedings.
To confer with the federal prosecutor.
To full and timely restitution.
To proceedings free from unreasonable delay
To be treated with fairness and respect.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Modern Sentencing Options
Four traditional sanctions:
Fines
Probation
Imprisonment
Death
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Sentencing of Convicted Felons in
State Courts
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Court-Ordered Prison
Commitments, 19602000
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Modern Sentencing Options
Fines
Can deprive offenders of the proceeds of criminal
activity.

Can promote rehabilitation by enforcing economic
responsibility.

Allow release of convicted offenders into the
community but do not impose stringent controls of
their behavior.

Are not consistent with the just deserts philosophy.

Are difficult to collect.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Death: The Ultimate Sanction
Capital punishment is the most extreme
sentencing option.

38 states have capital punishment.
Majority use lethal injection.
Electrocution is the second most common
method.
Web Extra 9-6
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
U.S. Executions by State,
19762003
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Habeas Corpus Review
There is automatic review of all death
sentences by appellate courts.

A writ of habeas corpus directs the person
detaining a person to bring him or her
before a judicial officer to determine the
lawfulness of the imprisonment.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Opposition to
Capital Punishment
It has been inflicted on innocent people.
It is not an effective deterrent.
It is, by the nature of our legal system, arbitrary.
It discriminates against certain ethnic and racial
groups.
It is too expensive to justify its use.
It is on the same moral level as the crimes
committed by the condemned.
Library Extras 9-7 and 9-8
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Justifications for
Capital Punishment
Revenge
Only after the execution can the survivors, victims,
and the state be healed.

Just deserts
Some people deserve to die for what they have done.

Retentionist position
Once executed, offenders can commit no further
crimes.

Web Extra 9-7
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The Courts and the Death Penalty
Furman v. Georgia (1972)
The Court ruled that Georgias death penalty
statute allowed a jury unguided discretion,
making it arbitrary and capricious.

Gregg v. Georgia (1976)
The Court ruled that a two-stage procedural
requirement eliminated the arbitrariness.
CRIMINAL JUSTICE
A Brief Introduction, 6/E
by Frank Schmalleger
2006 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The Future of the Death Penalty
There is a need for modification to ensure
procedural safeguards.
Recommendations include:
Tighter controls on how the police investigate
cases.
Controls on the potential fallibility of
eyewitness testimony.
Statutory reform to eliminate application
based solely on the testimony of one person.