Chapter 10: Sentencing Flashcards
Five goals of present-day sentencing
- Retribution
- Incapacitation
- Deterrence
- Rehabilitation
- Restoration
Two types of Deterrence
General deterrence is focused towards preventing crime among the general population.
Specific deterrence is focused towards preventing crimes in the future by criminal offenders.
Sentencing Options
Probation
Restitution
Fines
Sentencing Strategies
Concurrent = all at once
Consecutive = all in a row
Indeterminate = minimum to a maximum
Determinate = fixed term
One form of the determinate sentencing strategy
A form of the determinate sentencing strategy that first appeared in California during the 1990s is referred to as the “three-strikes’ law. The three-strikes law requires long sentences, that can include life without parole, for those who are have been convicted of a third serious felony.
Concerns with Truth in Sentencing Laws
- The cost
- The extension of these sentencing provisions to non-violent crimes
- Federal involvement in the states’ rights to set sentences.
Proportionality and Equity
Proportionality refers to the belief that the punishment for committing a crime should have a direct relationship to the severity of the crime.
Equity means crimes that are similar should be punished at the same level of severity and should exclude any personal or social characteristics of the offender.
Alternative Sentencing Options
Community Service Home Detention Day Reporting Drug Treatment Psychological Counseling Victim / Offender programming Intensive Supervision
The Pre-sentence Investigation
Information about a defendant’s background often comes to the judge in the form of a report referred to as a pre-sentence investigation (PSI).
The PSI is a detailed report that looks into the defendant’s criminal history and personal life from the past to the present.
Victim Impact Statements
Express, in writing, how a particular crime has affected the victim and/or survivors.
Submitted to the court and may be read aloud by the victims or survivors prior to sentencing.
Allow the victim to present evidence, either orally or in writing, for the court to consider when imposing sentencing on the offender
Stalking Laws
Prohibit anyone from willfully following and/or harassing another and making a threat against that person with the intent of causing the victim to fear for his or her safety
Death: The Ultimate Sanction
Many states today have laws that provide for a sentence of death, also referred to as capital punishment, for certain serious, violent crimes.
Aggravating and Mitigating
Aggravating (makes things worse)
Mitigating (makes things better)
Aggravating Factors for the Death Penalty
Prior conviction of a violent felony A case involving the felony-murder rule Multiple murder Murder for profit Murder of a peace officer or public official Killing to avoid arrest Torture during the commission of murder Killing during an escape
Mitigating Factors for the Death Penalty
No significant prior criminal record
Extreme mental or emotional illness
Minor participation in a killing
A youth at the time of the murder
