CCJ 2020 Introduction to Criminal Justice Final Exam Review Guide Chapter 11 Sentencing Philosophy and goals of criminal sentencing Retribution 1 Call for punishment based on perceived needs for punishment 2 Earliest known rationale for punishment 3 Early punishments were immediate and often extreme 4 Corresponds to the Just Deserts model of sentencing a Holds that offenders are responsible for crimes b Primary sentencing tool is imprisonment but in serious cases capital punishment Incapacitation 1 Goal is to protect innocent members of society from offenders that might harm them Deterrence 2 Modern strategies separate offenders from the community to reduce the opportunities for further criminality 3 Unlike retribution incapacity requires only restraint and not punishment 1 Uses the example or threat of punishment to convince that criminal activity is not worthwhile 2 Overall goal is crime prevention 3 Two types a Specific deterrence seeks to reduce the likelihood of recidivism by convicted offenders b General deterrence seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced Rehabilitation behavior 1 Seeks to bring about fundamental changes in offenders and their 2 Ultimate goal is a reduction in the number of criminal offenses 3 Generally works through education and psychological treatment to 4 reduce the likelihood of future criminality In the late 1970s the rehabilitative goal in sentencing fell victim to the nothing works doctrine Restoration 1 Restoration is a sentencing goal that seeks to address damage done by an offender by making the victim and community whole again 2 Restorative justice also referred to as balanced and restorative justice is achieved by giving equal consideration to community safety and offender accountability Indeterminate sentencing A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences such as a term of imprisonment from 1 to 10 years Relies heavily on judges discretion to choose among types of sanctions and to set upper and lower limits on the length of prison stays Critiques of indeterminate sentencing 1 Critics claim that the indeterminate model allows judges personalities and personal philosophies to produce too wide a range of sentencing practices 2 Tends to produce dishonesty in sentencing because of the gain time for gain good time a gain time participation in special programs b good time good behavior Structured sentencing A model of criminal punishment that includes determinant and commission created presumptive sentencing scheme as well as voluntary advisory sentencing guidelines 1 Critics of indeterminate model called for the recognition of 3 fundamental sentencing principles proportionality equity and social debt a Proportionality refers to the belief that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed b Equity similar crimes should be punished with the same degree of severity regardless of the social or personal characteristics of offenders c Social debt offenders criminal history should objectively be taken into account in sentencing decisions Beginning in the 1970 s a number of states addressed these concerns and created structured sentencing Determinant sentencing is a form of structured sentencing which Requires that a offender be sentenced to a fixed term that may be reduced by good time or earned time 1980s states created the voluntary advisory sentencing guidelines consist of recommended sentencing policies that are not required by law and serve as guides to judges Presumptive sentencing model of criminal punishment that meets the following conditions 1 Appropriate sentencing for an offender convicted to a specific charge will fall under a range of sentences authorized by sentencing guidelines adopted by a legislatively created sentencing body 2 Judges are expected to sentence within a range or to provide written justification to do so 3 There is a mechanism for review for any departure of guidelines usually appellate In 1984 with the passage of the Comprehensive Crime Control Act the federal government adopted presumptive sentencing for nearly all federal offenders 1 The act also addressed the issue of truth in sentencing a Truth in sentencing is a close correspondence between the sentence imposed upon a offender and the time actually served in prison Plea Bargaining 1 Approximately 90 of all federal sentences are the result of guilty pleas and the large majority of those stem from plea negotiations 2 Although the commission allowed plea bargaining to continue it required that the agreement be fully disclosed in the record of the court and detail the actual conduct of the offense Mandatory Sentencing Structured sentencing scheme that mandates clearly enumerated punishments for specific offenses or for habitual offenders convicted of a series of crimes Differs from presumptive sentencing which allows at least a limited amount of judicial discretion within ranges established by published guidelines Mandatory sentencing enhancements are aimed at deterring known and potentially violent offenders and are intended to incapacitate convicted criminals through long term incarceration Innovation in Sentencing Alternative Sentencing the use of court ordered community service home detention day reporting drug treatment psychological counseling etc in lieu of more traditional sanctions The Presentence Investigation Before imposing sentence a judge may request information on the background of a convicted defendant Information about a defendants background often comes to the judge in the form of a Presentence Investigation PSI 1 Presentence investigation the examination of a convicted offenders background prior to sentencing 2 Presentence examinations are generally conducted by probation or parole officers and are submitted to sentencing authorities Determinate Sentencing Act 1 Directs report writers to include information on the classification of offense and of the defendant under the offense level and criminal history categories established by the statute The Victim Forgotten No Longer Since 1970s justice system has been accommodating for victims 1 1982 President s Task Force on Victims of Crime gave focus to a burgeoning victims rights movement and urged the widespread expansion of victims assistance programs
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