Crm Jst 275 1st Edition Lecture 22 Current Lecture* (McClesky v. Kemp [Baltus Report: what they found was that black males were more likely to be sentenced to the death penalty than white males])I. How Do Judges Decide?a. Key Actors and Inputsi. Presentence investigation report (PSI)1. More knowledge on defendant: history, needs, risks2. Aggravating and mitigating factors3. May include a treatment planii. Prosecutor1. Through plea negotiations and sentence bargaining2. May emphasize agg/mit factors; victim harmiii. Defense attorney1. Stress mitigating factors, leniency arguediv. Victim (impact statement)v. Judge1. Discretion, guidelines, and “normal crimes”II. Judge’s Options at Sentencinga. Incarcerationi. Jail vs. prisonii. Consecutive vs. concurrentiii. Federal Prison (no jails)b. Probationc. Intermediate SanctionsIII. Incarceration and DiscretionThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.a. Indeterminate sentencingi. Statutory range (min and max possible)ii. Judge determines a min or max within that rangeiii. Actual time served = discretion of parole boardiv. Relates to rehabilitation model of punishmentb. Determinate sentencingi. Statutory rangeii. Judge determines a fixed term within rangeiii. Discretion to give probation (w/o justification needed)c. Mandatory minimumsi. Some crimes, criminal types (e.g. 3 strikes)ii. Statute that defendant must serve minimumiii. Limits judge’s discretion (usually can’t go below)d. Sentencing guidelinesi. Federal and some states, developed by sentencing commissionii. Grid: prior history score and seriousness scoreiii. Intersection = range of acceptable w/ presumptive (fixed point)iv. Departures outside of range = aggravating or mitigating factorsv. If judge wants to go outside range = written reasone. Split sentencei. Mix of incarceration and probation or paroleii. Two part process:1. Original sentence (X years/months in)2. Stayed sentence (Y years/months in with Z years/months out)3. If violate parole/probation = revoked and serve full sentencef. Suspended sentence (only probation)i. Original incarceration sentenceii. Suspended: probation for X years/monthsiii. If violate probation = revoked, serve fullIV. Probationa. Usually: less serious crimes, first time offendersb. Conditionsi. Regular meetings with a probation officerii. Offender must obey all laws/no new crimesiii. Drug testing, AODA treatmentiv. Education programs or employmentV. Intermediate Sanctionsa. Boot campsi. Who: young, non-violent offendersii. Goal: strict discipline and physical training to “scare straight”b. House arrest and electronic monitoringi. Remain home, leaving for limited places/purposes (e.g.school, work, Tx)ii. Alternative to jail, or “back end” of a jail stayVI. Judge’s Option at Sentencinga. Community servicei. Symbolic restitution: harm society, so repair itii. May be a condition of probation, or aloneb. Fines, restitution and feesi. Often combined jail or probationii. Court costs, punitive feesiii. Day fine: graduated system based on ability to payVII. Theories of Sentencinga. The “Focal Concerns Perspective”i. Blameworthiness of offender1. Seriousness of offense and prior recordii. Desire to protect community1. Prior record, ties to community and ability for reformiii. Practical constraints1. Workload of courts, jail/prison space, family and health concernsb. 2 stage processi. Decision 1: to incarcerate or not (“in/out”)ii. Decision 2: length of