FINAL - Punishment 1 Flashcards
6 sentencing rationales
deterrence, self-incapacitation, rehab, justice model, restoration, healing
sentence determination circumstances (agg vs. mit)
aggravating: factors that could harshen your treatment and sentence (i.e. discrimination, gang relation, criminal record, brutality)
mitigating: factors that could relieve your sentence (i.e. no criminal record, employment history, disadvantaged background, good character)
sentencing decisions 2011/2012
386,500 total cases - 64% guilty
pre-sentencing report
established by probation officers
used in 61% of serious cases
** Hagan/Bolt: 80% of judges use this information
what governs judges?
direction, rules/predisposition, guidance, characteristics
sentencing circles
primarily for property offences
overall good !
issues in sentencing
judge disparity, norms in courthouse, discrimination and public opinion