chapter 9a

SOC 3880Intro to Criminal

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Criminal Justice

CHAPTER 9TRIALS AND SENTENCING

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© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved


9.1

9.2

9.3

9.4

9.5 Summarize the different types of sentences.

Describe the criminal trial process.

Describe the different sentencing philosophies.

Define terms related to pretrial activities and the criminal trial.

Explain the nature of a criminal trial.

CHAPTER OBJECTIVES



9.6

9.7

9.8

9.9

9.10

Explain the purpose of presentence investigations.

Describe various alternative sentences and fines.

Outline the history of capital punishment.

Outline facts about and the arguments for and against capital punishment.

Summarize the factors that affect sentencing decisions.

9.11 Define terms related to sentencing.

CHAPTER OBJECTIVES



Explain the nature of a criminal trial.

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

9.1



Describe the criminal trial process.


9.2



Guilty

Not Guilty

Nolo Contendere

Inform Suspect of

Specific Charges

Allow Defendant to Enter a

Plea

9.2

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved8

9.2

Trial Initiation (speedy trial

requirements)

Jury Selection

(use of challenges)

Opening Statement

s1. Prosecution2. Defense

Presentation of

Evidence1. Prosecution2. Defense

Verdicts Jury Deliberation

Judge's Charge

to the JuryClosing

Arguments(order may vary)

Pretrial Activities

To Sentencing or Release


9.2

Jury Selection


9.2

Opening Statements


9.2

Presentation of Evidence


9.2Judges Decide Which Evidence Can Be Presented to the Jury


Testimony13

9.2


9.2

Narrative Summation


Select a Foreperson Deliberate Return

with a Verdict

15

9.2After Closing Arguments, the Judge Charges the Jury to:


9.2

Deliberations Unanimous Verdict Hung Juries



Define terms related to pretrial activities and the criminal trial.


9.3



Describe the different sentencing philosophies.


9.4


9.4

Sentencing Philosophies

Retribution Rehabilitation Deterrence Incapacitatio

n Restoration


The Act of Taking Revenge on a Perpetrator

20

9.4Retribution Rehabilitatio

n Deterrence Incapacitation Restoration




Criminals Can be "Cured" of Their Problems and Criminality and Can Be Returned to Society




Seeks to Inhibit Criminal Behavior by Fear of Punishment




The Only Way to Prevent Criminals from Reoffending Is to Remove Them from Society




Attempts to Make the Victim "Whole Again," to Address Damage to the Victim and Community



Summarize the different types of sentences.


9.5


9.5

Indeterminate Sentences

Determinate Sentences

Presumptive Sentencing

Mandatory Sentencing

Types of Sentences

Truth in Sentencing



Explain the purpose of presentence investigations.


9.6



Presentence Investigation

Report

9.6


9.6

Information in a Presentence Report

A Typical Presentence Report Includes the Following Information:1. Personal information about the offender and his or her

background2. Detailed description of the offense and its circumstances3. A description of the offender's criminal record4. Family information and current family status5. Education history6. Employment and military history7. Health history and status (including drug history)8. Financial status9. Mental health status10.Sentencing recommendation made by the probation officer



Describe various alternative sentences and fines.


9.7



Outline the history of capital punishment.


9.8


9.8

French Revoluti

onDark Ages

Greek and

Roman Societies

Biblical Israel

Since Recordkeeping First Began in 1608,

Over 18,800 Legal Executions Have Taken Place in the United States


Capital Punishment

Death Penalty

33

9.8

Capital Offenses



Outline facts about and the arguments for and against capital punishment.


9.9


9.9

Arguments for

Retention

Arguments for

Abolition



Summarize the factors that affect sentencing decisions.


9.10


9.10

Sentencing Guidelines

AggravatingCircumstances

Mitigating Circumstances



Define terms related to sentencing.


9.11



9.1

9.2

When a trial takes place, it begins with the selection of a jury, usually consisting of twelve members. After a jury has been selected, the prosecution and defense counsel make opening statements. The body of the trial consists of the

presentation of the prosecutor's evidence and the statements of witnesses, followed by the presentation of the

case for the defense. When all the evidence has been presented, the prosecution and defense make their final

arguments to the jury. This stage is followed by the judge's instruction to the jury. In order for a defendant to be found guilty, the jury must agree unanimously that guilt has been

proved beyond a reasonable doubt.

The trial is the centerpiece of the adjudication process; and this is true

even though, as you have seen, most cases are decided without one. Trials serve an educational purpose, helping both jurors and the public understand how the balance is

struck between protection of the community and protection of the rights of the individual. The detailed procedures of a

criminal trial are designed to ensure that this balance is reached in every case.

CHAPTER SUMMARY



9.3

9.4

9.5Types of sentences: Determinate sentencing, indeterminate sentencing, presumptive sentencing, mandatory sentencing,

and truth-in sentencing.

Sentencing philosophies: Retribution, incapacitation, deterrence, rehabilitation, restoration.

See page 310 for Key Terms.

9.6A presentence report is written by a probation officer after an

investigation of the offender's background; the report is designed to help the judge decide on an appropriate sentence.

CHAPTER SUMMARY



9.7

9.8

9.9

Depending on the range of alternatives provided by law, a judge usually can fine an offender or impose a sentence of

probation, incarceration, or restitution.

By 2010 a total of thirty-six states, as well as the federal government, had enacted capital punishment laws in

accordance with the guidelines set forth by the U.S. Supreme Court. A total of 3,173 people are now under sentence of death and awaiting execution, reflecting an upward trend

that began in 1977 after the Supreme Court's ruling in Gregg v. Georgia, which specifically stated that capital punishment

was not inherentlycruel and unusual. Half of the prisoners on death row are in

only four states: California, Texas, Florida, and Pennsylvania.Some supporters of the death penalty believe that it is a

necessary punishment as retribution for the life unlawfully taken. Another common argument in support of capital

punishment is that the death penalty will prevent crime by deterring future murders. Some death penalty proponents

argue that execution is less costly to the state than life imprisonment, but studies show that this is not the case. Supporters of capital punishment contend that innocent

persons are rarely executed, but studies have found numerous cases of erroneous convictions in death penalty

cases.

CHAPTER SUMMARY



9.10

A Presentence Investigation Report has the following information:

Personal information about the offender and his/her background

Detailed description of the offense and its circumstancesA description of the offender's criminal recordFamily information and current family status

Education historyEmployment and military history

Health history and status (including drug history)Financial status

Mental health statusSentencing recommendation made by the probation officer

9.11 See page 310 for Key Terms.

CHAPTER SUMMARY