Chapter 3 Sentencing Arraignment Before a court having jurisdiction in a criminal case The defendant is informed of the charges and of his her rights The defendant is required to enter a plea Types of Pleas Guilty Not guilty No Contest Nolo Contendere 1 2 3 if the plea is guilty or no contest and if the judge accepts the plea then it moves to the sentencing phase if the plea is not guilty then a trial date is set if the defendant stands mute then not guilty is entered Adjudication Jury Trial the 6th amendment guarantees criminal defendants the right to a trial by jury 1 doesn t include those charged with petty offenses 2 some states allow defendants to waive jury trial and opt for a bench trial 3 bench trial is when a judge make a ruling 90 of cases An examination of the issues of fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant The state must prove beyond reasonable doubt that the defendant committed the Prosecutors charged crime works deal with defense Most cases will not result in a trial Instead they will be handled through plea Judges traditionally have considerable discretion Sentencing decisions are influenced by 1 Sentencing hearing prosecutor and defense attorney present aggravating factors trying to argue the punishment should be severe Mitigating factors to lessen the severity 2 victim impact statement 3 PSI report background investigation on the defendant education drug history Sentence on multiple charges can be served 1 consecutively one after another 2 concurrently served at the same time Trial crime Advisory model Plea Bargaining bargaining Sentencing Sentencing Options community service fines restitution making payments to the victim probation incarceration jail or prisons death Due Process Procedural Fairness the entire justice process must be conducted fairly with equity and according to due process standards due process underlies the first 10 amendments to the constitution collectively know as the Bill of Rights The Correctional Subsystem Institutional Corrections involves the confinement and rehabilitation of adults juveniles convicted of offenses against the law Non Institutional Corrections Community Corrections not directly connectable to Corrections Professional employed in the field of corrections Traits essential to institutional care Professionalism effectively work in corrections 1 accountability 2 strong writing skills 3 effective presentational skills 4 problem solving ability Certification credentialing process involving testing and career development assessment 1 minimum requirements for entry 2 pre service and annual training 3 standards for facilities programs and practices Standard Setting Organization 1 American Correctional Association 2 APPA 3 AJA Diversity in Corrections Race Ethnicity Racism Gender 26 of Correctional officers are women How these aspects of social diversity impact the field its personnel clients and issue Evidence Based Corrections Application of social scientific techniques to corrections The Evidence focuses on what works As contrasted with opinion based policy January 29 2014 Lecture February 14 2014