Chapter 2 - Principles of Punishment Flashcards
Focus of punishment
Justifications, sentencing decisions, goal of proportionality of punishment
Retributivism
justified because person did the crime (do the crime, you do the time); level of sentence is proportional to the harm done; no intentions to deter or rehabilitate
Utilitarianism
justified because it serves an overall societal purpose
3 types of Utilitarianism
- Incapacitation:(Specific Deterrence) makes it difficult to reoffend; prison, death
- Rehabilitation: seeks to reduce crime by teaching criminal to be a good citizen
- Deterrence: reducing future crime by threatening punishment and following through with swift and certain action
Negative Retribution
Punish to deter but within the limits of retribution; punishment is not justified if no discernable good would come from it.
Indeterminate v. Determinate Sentencing
Indeterminate - Utilitarian, rehab; range of sentencing time; released by parole board ; CANNOT base on sentences of other criminals.
Determinate - retributive; release date known BUT can be released early on good time.
Restorative Justice
seen as an attempt to bring offender, victim and community together to make things right (restore)
MPC 1.02 (2)
Sentencing Provisions: rendering sentences in proportion to gravity of offense/harm; to achieve offender rehab, incarceration, restoration and reintegration; preserve judicial discretion to individual sentences.
California Statute section 1203
“Except in unusual cases where the interests of justice would best be served if the person is granted probation,
probation shall not be granted to any of the following persons * * *
Any person who used, or attempted to use , a deadly weapon upon a human being in connection with the perpetration of the crime of which he or she has been convicted
Sentencing Factors
- Acting out of necessity
- Punishments for like crimes
- future dangerousness
- history of conduct
- effectiveness of past correction
- provocation by the victim
- Defendant’s criminal sophistication
- Time between offenses
- Age and reoffending
- Remorse/denial
Proportional Punishment
May be mentioned in 8th Amendment (depending on the judge’s opinion); severity and length of punishment should fit the severity and punishment of the crime.
Coker V. Georgia
Use of death penalty to punish for rape of a woman is excessive; other similar rape cases:
- Rape of a Child (kennedy) - death is excessive)
- those who suffer from disabilities will not be charged the same as others.
Ewing v. CA
Sentencing Length must be proportional to the crime; CA Three Strikes law is constitutional because it offers options for parole with its long/life sentences.
US v. Gementera
Shaming as a punishment MAY be used as long as it is reasonably related to the charge, focuses on the intentions of punishment (deterrence, rehabilitation), and does not pose safety hazard for public or the person being punished.
People V. Du
Probation may not be granted in cases where a deadly weapon, except in unusual cases.
