intro to cj ch 9 ppt
TRANSCRIPT
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
Introduction to Criminal Justice,McKenzie Wood
Fagin, CJ2015
Chapter 9: Sentencing
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
9.1 Describe the purpose of sentencing.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
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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.
CJ2015James A. Fagin
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The Purpose of Sentencing9.1
Rehabilitation
Retribution
Incapacitation
Deterrence
RestorativeJustice
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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.
CJ2015James A. Fagin
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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.
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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.
CJ2015James A. Fagin
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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
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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.
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9.2Explain how the criminal justice system sentences the offender who claims to be mentally ill.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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
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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.
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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.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
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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.
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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.
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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.
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9.4Describe the various sentencing models and explain their influence on the sentence.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
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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).
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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.
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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.
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9.5Summarize the challenges to the death penalty sentence, and explain how U.S. Supreme Court rulings have affected the death penalty sentence.
Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes
CJ2015James A. Fagin
Copyright © 2016 by Pearson Education, Inc.All Rights Reserved
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.
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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.
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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).
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The Death Penalty9.5
Reconsideration of the Death Penalty
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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
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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
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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