Sentencing the GuiltyEighth AmendmentReasons for SentencingRetributionIncapacitationDeterrenceRehabilitationLegislative Sentencing ResponsibilityJudicial Sentencing ResponsibilityExecutive Sentencing ResponsibilitySentencing OptionsImprisonmentCost of ImprisonmentProbationFactors to Consider in Granting ProbationIntermediate SanctionsDeath PenaltyFurman v. Georgia (1972):Gregg v. Georgia (1976)Other Key Death Penalty JurisprudenceThe Jury and the Death PenaltyJurisdictions Without a Death Penalty1Sentencing the GuiltyChapter 152Eighth Amendment•Excessive bail shall not be required, not excessive fines imposed, not cruel and unusual punishments inflicted.3Reasons for Sentencing•Retribution: •Incapacitation: •Deterrence: •Rehabilitation:4Retribution•“An eye for an eye, a tooth for a tooth.”5Incapacitation•“Lock them up and throw away the key.”6Deterrence •“Let this sentence be a warning to others.”7Rehabilitation•Criminal behavior is the result of social or psychological disorders, and treatment of such disorders should be the primary goal of corrections.8Legislative Sentencing Responsibility9Judicial Sentencing Responsibility10Executive Sentencing Responsibility •Parole:•Good time:•. •Pardon:11Sentencing Options12Imprisonment13Cost of ImprisonmentFinancial Projections over 30 Years for Building a New 500-Cell Prison Cells 1-Year Total 30-Year Total Construction costs 500 x $75,000 $37.5 million $37.5 million Incarceration costs 500x $20,000 $10 million $300 million Totals $47.5 million $337.5 million14Probation15Factors to Consider in Granting Probation16Intermediate Sanctions•Diversionary Programs•Fines•Restitution17Death Penalty•Capital Offenses•All Western democracies, except the U.S. have abolished the death penalty as a punishment.18Furman v. Georgia (1972):19Gregg v. Georgia (1976)20Other Key Death Penalty Jurisprudence•Thompson v. Oklahoma: •Stanford v. Kentucky: •Penry v. Lynaugh: •Atkins v. Virginia:21The Jury and the Death Penalty•Witherspoon v. Illinois: •Lockhart v. McCree: •Simmons v. South Carolina: •Harris v. Alabama:22Jurisdictions Without a Death