Corrections Chapter 3 Notes Philosophy of Criminal Sentencing John Conrad The punishment of the criminal is the collective reaction of the community to the wrong that has been done Social Order The smooth functioning of social institutions the existence of positive and productive relations among individual members of society and the orderly functioning of society as a whole Key terms 1 Goals of sentencing Sentencing v imposition of a criminal sanction by a sentencing authority such as a judge Sentence n The penalty a court imposes on a person convicted of a crime a Revenge Punishment is equated with vengeance b Retribution Paying back the victim for what the offender has done i Associated with an eye for an eye c Just Desert Punishment deserved i Criminal offenders are morally blameworthy and are therefore deserving of d Deterrence The discouragement or prevention of crimes through the fear of the punishment punishment i General deterrence the use of the example of individual punishment to dissuade others from committing crimes ii Specific deterrence the deterrence of the individual being punished from committing additional crimes e Incapacitation The use of imprisonment or other means to reduce an offender s capability to commit future offenses f Rehabilitation or reformation the changing of criminal lifestyles into law abiding ones by correcting the behavior of offenders through treatment education and training i Reintegration the process of making the offender a productive member of the g Restoration the process of returning to their previous condition all those involved in community or affected by crime Includes victims offenders and society i ii Victim impact statement a description of the harm and suffering that a crime has caused victims and survivors 2 Sentencing Models a Fines or other monetary sanctions restitution received by the victim and goes through the court b Probation c Alternative or intermediate sanctions house arrest community service d Incarceration e Death penalty f Indeterminate sentence specifies a fixed minimum and a maximum length e g 5 to 15 i Consecutive Sentences served one after the other ii Concurrent Sentences sentences served simultaneously iii The parole board determines the actual time of release iv Good time the amount of time prison authorities deduct from a sentence for good behavior or other reasons g Determinate Sentence specifies a fixed term of incarceration i Can be reduced by good time h Guideline sentencing i Voluntary Advisory Sentencing Guidelines recommended sentencing policies that are not required by law ii Presumptive Sentencing Guidelines AR 10 levels i Mandatory Sentencing The imposition of sentences required by statute for those convicted of a particular crime or a particular crime under special circumstances or for those with a particular type of criminal history j Habitual Offender Statute i A law that 1 allows a person s criminal history to be considered at sentencing or 2 makes it possible for a person convicted of a given offense and previously convicted of another specified offense to receive a more severe penalty than that for the current offense alone ii Three strike laws Issues in sentencing 4 3 a Proportionality the severity of punishment should match the seriousness of the crime b Equity similar crimes and similar offenders should be treated alike Racial and Ethnic c Disparities Social Debt the severity of punishment should take into account the offender s prior criminal behavior d Truth in Sentencing Requires offenders to serve a substantial portion of their sentence 3 states have adopted 100 truth in sentencing rules but 85 is what the government has set Application Exercise 2 Due Monday February 10