Chapter 15: Sentencing & Punishment Flashcards
These are five goals of present-day sentencing
- Retribution
- Incapicitation
- Deterrence
- Rehabilitation
- Restoration
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 Strategies
Concurrent
All at once
Concurrent sentencing is when a defendant convicted of multiple charges serves the sentence for each charge at the same time
Sentencing Strategies
Consecutive
All in a row
Consecutive sentencing is when a defendant convicted of multiple charges serves the sentence for each charge one at a time.
Sentencing Strategies
Indeterminate
Minimum to a maximum
A sentence of incarceration with a range such as 5-10 or 10-20 years
Sentencing Strategies
Determinate
Fixed term
A sentence of incarceration for a fixed term or a minimum period of time that is specified by statute.
The three-strikes law
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
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
Victim impact statements which express, in writing, how a particular crime has affected the victim and/or survivors.
Victim impact statements are 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
Constitutional Rights of Crime Victims
As a crime victim, you have certain rights under the constitution of Connecticut, article first, Section 8b. You have the right to:
- Be treated with fairness and respect throughout the criminal justice process;
- Have the case completed in a timely manner following arrest of the accused, provided no rights of the accused are violated;
- Be reasonably protected from the accused throughout the criminal justice process;
- Be told of court dates;
- Attend the trial and all other court proceedings (arraignment, pretrial, and sentencing) unless you are testifying, in which case the court may decide that you can’t attend the trial until after you are done testifying;
- Talk to the prosecutor about the case;
- Have the chance to agree or disagree with any plea agreement between the accused and the prosecutor and to make a statement to the court before the court decides if it will accept the agreement;
- Make a statement to the court at sentencing;
- Request restitution for expenses or property lost or damaged because of the crime; and
- Get information about the arrest, conviction, sentence, imprisonment, and release of the accused.
