CCJ2020 EXAM 3Chapter 11 SENTENCING March 25, 2013- We watched videos on Top Secret America… - Read chapter 11 because he cant cover everything… Incapacitation (incarcerate) Graph Showing how much each country spends a day for incarceration..USA: 700Russia: 550South Africa: 400Europe (avg): 150Canada: 100 Austrailia: 100Japan: 50 - Incarceration trend is not in a declining slope it is always inclining. - In the 1970’s Nixon started a war on drugs. (We have spent nearly a trillion of dollars and have not made 1 difference) - Incapacitation is linked to recidivism rates as well. With more people in jail (Incarcerated) people are lowering their arrests after incarceration.- Deterrence- Specific Deterrence: Seeks to prevent recidivism—repeat offending by convicted offenders- General Deterrence: General Deterrence is a sentencing objective, which aims to discourage persons other than the offender from committing a similar crime. It is a type of crime prevention achieved through instilling fear in the general population through the punishment of offenders. (seeks to prevent general population(not offenders) from committing a crime.)- Indeterminate Sentencing:- …A model of criminal punishment that encourages rehabilitation via the use of general and relatively unspecific sentences. - Provides discretion for judges and prosecutors. - Indeterminate sentencing allows judges to have a wide range of discretion- Sentences are often given in a range, i.e., “ten to twenty years.”March 27, 2013Aggravating and Mitigating Factors - Aggravating- Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime.- Call for a tougher sentence- Mitigating- Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant. - Federal Sentencing Guidelines- The comprehensive Crime Control Act of 1984 established presumptive sentencing for federal offenders and addressed truth in sentencing. - Truth in Sentencing - . a close correspondence between the sentence imposed upon an offender and the actual time served prior to release from prison. - … And important policy focus- Reason this took off in the 1980’s is because of two things1. **Wolfgang et.al in 1975 found that 5-6% of offenders committed 50% or more of the crime. (Recidivism rates are extremely high)Is it true that nothing works? By Jerome G. Miller 1989, Robert Martinson was saying that noting (treatment, rehabilitation) doesn’t work. Federal Sentencing Guidelines- The US Sentencing Commission- Established under Sentencing Reform Act of 1984 and took effect in November 1987.- 9 member commission set minimum sentences for certain federal offenses commission meets YEARLY to review guidelines. - Purpose of the Guidelines is to :- Limit federal judges discretion- Reduce disparity- Promote consistency and uniformity- Increase fairness and equity. Plea Bargaining Under the Guidelines- Of all federal cases, 90% are the result of guilty please of which the vast majority are the result for plea negotiations- Melendez v. U.S. (1996)—Judges cannot accept plea bargains that would have resulted in sentences lower than the minimum required by law for a particular type of offense. The Legal Environment of Structured Sentencing- Apprendi v. New Jersey (2000)—held that requiring sentencing judges to consider facts not proven to a jury is unconstitutional. This raised the question of whether judges could legitimately deviate from sentencing guidelines….- Blakely v. Washington (2004)—invalidated any state sentencing schema that allowed judges, rather than juries to determine any factor that increases a criminal sentence, except for prior convictions.- This holding was reinforced in Cunningham v. California (2007) March 29, 2013Finished the movie (documentary) on TOP SECRET AMERICA April 1st NO CLASSWednesday, April 3rd, 2013 Chapter 12 Corrections - The Extent of Probation- Probation is the most commonly used form of sentencing. (Cheap sentence)(Keeps family’s together because no one is going to jail)- 20-60% + of guilty individuals are placed on probation. - The number of offenders supervised yearly on probation increased from slightly more than 1 million people to over 4 million today. - States vary with regard to extent of use- Even violent offenders may receive probation.Probation Conditions- General Conditions:- Apply to all probationers within the jurisdiction- Examples: - Obey laws- Maintain employment- Remain in the jurisdiction (city) - Allow probation officer to visit home or work place- Specific Conditions:- Jude mandated for the specific probationer.- Examples:- Surrender drivers license- Pass GED test- Do community service- Curfew- Complete a treatment plan Parole vs. Probation Parole:- Offenders spend time incarcerated before release. - Parole is an administrative decision made by paroling authority.- Parolees must abide by conditions or risk revocation.Probation:- Probationers generally avoid prison time.- Probation is a sentencing decision made by a judge- Probationers must abide by conditions or risk revocation. Parole Decision-Making Mechanisms: Two Approaches- Parole Boards:- Grant discretionary parole based on judgment and assessment by paroleboard. - Statutory Decrees- Produce mandatory parole, with release date set near sentence end, minusgood time. Advantages and Disadvantages of Probation and Parole- Advantages- Low Cost - Increased employment- Restitution (maintain income, be able to pay back restitution to victims)- Community support- Reduced risk of criminal sanctions - Increased use of community services- Better rehabilitation opportunities - Disadvantages- Relative lack of punishment- Increased risk to community- Higher social costs- Discriminatory and unequal effects Griffin v. Wisconsin (1987)- Supreme court ruled that probation officers may conduct searches of aprobationers residence without a search warrant or probable cause.- Thought the 4th amendment normally provides for privacy, probation“presents special needs beyond normal law enforcement that may justifydepartures.” Pennsylvania Board of Probation and Parole v. Scott- Supreme Court declined to extend the exclusionary rule to searches done byparole officers. U.S. v. Knights (2001)- Expanded the search authority normally reserved for probation and paroleofficers to police officers under certain
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