sentence
a punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury or judge or in a plea bargain. Typically occurs 30 days after conviction.
goals of sentencing:
implement one or more of the punishment philosophies: retribution, rehabilitation, deterrence, incapacitation.
In some states juries may be entitled to pronounce a sentence but in most states and in federal courts, sentencing is determined by a ____.
judge
in _________________ cases the jury is responsible for pronouncing the sentence
death penalty
justice
a moral concept about just or fair treatment consisting of "treating equals equally and unequals unequally according to relevant differences
indeterminate sentence
a prison sentence consisting of a rage of years to be determined by convicts behavior, rather than one of a fixed number of years. Fit the positivists rehabilitation philosophy of punishment.
Prisoners released in 1996 server an average of only _________ percent of their sentences.
44
truth-in-sentencing laws
laws that require there be a truthful realistic connection between the sentences imposed on offenders and the time they actually serve. Mandate that inmates serve 85% of their sentence before becoming eligible for release.
determinate sentence
a prison sentence of a fixed number of years that must be served, rather than a range. The maximum prison time for a given crime is set by the state legislature in state statues. This is more in tune with the classical structure that the purpose of punish
mandatory sentence
a prison sentence imposed for crimes for which probation is not an option, where the minimum time to be served is set by law. Can exist with both indeterminate and determinate sentencing.
concurrent sentencing
two separate sentences are served at the same time.
consecutive sentencing
two or more sentences that must be served sequentially.
habitual-offender statutes
statuses mandating that offenders with a third felony conviction be sentenced to life imprisonment, regardless of the nature of the third felony.
Life Without Parole (LWOP)
a life sentence with the additional condition that the person never be allowed parole. In 2008 there were 140,095 prisoners serving LWOP, a 400% increase from 1984. Usually given to those who commit murder but can be given for habitual property offenders.
In a large scale study, only 1/5 of lifers who were released after a long stay (15-30 years) were rearrested within 3 years, versus 2/3 of nonlifers who were released; true or false
true
Over ____ percent of sentences imposed in our criminal courts do not involve imprisonment
90
shock probation
a type of sentencing aimed at shocking offenders into going straight by exposing them to the reality of prison life for a short period, followed by probation. Typically reserved for young first time offenders who have committed a relatively serious felony
split sentences
sentences that require convicted persons to serve brief periods of confinement in a county jail prior to probation placement. Jail time may have to be served all at once or may be spread over a certain period, such as every weekend in jail for the first y
Work release split sentence
person is consigned to a special part of the jail on weekends and nights but released to go work during the day.
plea bargain
agreements between defendants and prosecutors in which defendants agree to plead guilty in exchange for certain concessions.
benefits of plea bargain:
- lightens workload
- ensures a conviction
- avoids long and expensive trials
- police are saved from numerous appearances in court
- community saved from cost of trial
- criminals gain with lenient sentencing
criticisms of plea bargain:
- too lenient
- coerces suspects to give up their 6th amendment right to a trial, 5th amendment right against self incrimination, and their right to any subsequent appeal of their conviction
- prosecutors overcharge
Bordenkircher v. Hayes 1978
Hayes was sentence to life imprisonment when only should have been sentenced to 10. If he would have taken the plea bargain it would have been 5 years.
victim impact statement
a statement made by persons directly affected by a crime to inform the court of the personal and emotional harm they have suffered as a result of the defendants actions and in some states, to make a sentencing recommendation.
Presidents Task Force on Victims of Crime
created by Ronald Reagan in 1982. One of the outcome was the victim impact statement.
Payne v. Tennessee 1991
the us supreme court upheld the constitutionality of VIS testimony in the sentencing phase of a trial, and all 50 states now include the use of VIS in the form of written or oral statements at sentencing.
sentencing disparity
wide variation in sentences received by different offenders that may be legitimate or discriminatory.
Fair Sentencing Act
2010. The act mandated that the amount of crack cocaine subject to the 5-year minimum sentence be increased from 5 grams to 28 grams, thus reducing the 100-to-1 ratio to an 18-to-1 ratio. (28 grams of crack gets as much time as 500 grams of power cocaine)
Presentence Investigation Report (PSI)
report written by the probation officer informing the judge of various aspects of the offense for which the defendant is being sentenced, as well as providing information about the defendants background, character, and criminal history. Usually completed
United States Sentencing Commission:
a commission charged with creating mandatory sentencing guidelines to control judicial discretion
sentencing guidelines:
scales for numerically computing sentences that offenders should receive based on the crime they committed and on their criminal records.
outcomes of sentencing guidelines:
- a reduction is sentencing disparity
- more uniform and consistent sentencing
- a more open and understandable sentencing process
- decreased punishment for certain categories of offenses and offenders and increased punishment for others
- aid in priorit
Three strikes and you're out" statutes
rummel v. Estelle (1980), life without parole - social ramifications
Sentencing by Civil Commitment for Sex Offenders:
animus toward criminals nowhere more obvious than in case of sex offenders. Kansas v. Hendricks (1997), prior to 1990, limited to those said to suffer from mental illness. Several states have loosened criterion for commitment: "mental abnormality" as oppo
Plea Bargaining
at least 90% of all felony convictions negotiate for charge reductions, rare for judge to refuse to accept. Benefits: quick and easy disposal of cases, offers something for everyone. criticisms: overcharging, Bordenhircker v. Hayes (1978) : threats of mor