Sentencing Flashcards
What is Sentencing?
Sentencing is the punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge’s decision if there is no jury) within the possible punishments set by state law (or federal law in convictions for a federal crime).
Purposes and Aims of Punishment:
- Punishment and retribution
- Rehabilitation of offenders
- Deterrence (Individual and general)
- Denunciation of the conduct
- Incapacitation
Retribution:
Retribution prevents crime by giving victims or society a certain sense of satisfaction that a defendant has been punished appropriately, reinforcing the belief that the criminal justice system is working effectively. Modern examples of retribution include the widespread practices of imposing fines, as well as enforcing mandatory sentencing policies for certain offenses under the law.
Rehabilitation:
The ultimate purpose of rehabilitation is to transition offenders back into society.
Deterrence:
The goal of deterrence is to persuade citizens and possible offenders or re-offenders to conform to the rules of law.
Incapacitation:
Incapacitation seeks to prevent future crime by physically moving criminals away from society. (Prison) Is a common form of punishment.
Sentencing Options:
- Imprisonment
- Suspension of sentence
- Drug treatment order
- Probation order
- Rehabilitation measures
- Adjournment of conviction
- Dismissal of charge without conviction
- Monetary fine
- Record of conviction
- Combination of sentences