Punishment and Sentencing

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Punishment and Sentencing

• Punishment
• Background and goals
• Forms of sanction
• Incarceration
• Intermediate
• Probation
• Death

• Sentencing
• Administrative context
• Influences on judges
• Presentence report
• Sentencing guidelines
• Equity and sentencing

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History of Punishment
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Goals of Punishment
Retribution
Deterrence
Incapacitation
Rehabilitation
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Incarceration

• Most visible
• Less than 30
• Deterrent value
• costs

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Determinate vs. Indeterminate

• Determinate or fixed sentencing.Fixing of
  specific penalties by legislatures according to
  the seriousness of the offense.

• Indeterminate sentencing.Sentencing that is
  determined by judges and corrections authorities
  according to individual offenders.

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Mandatory Sentencing
A sentence determined by statutes and
requiring that a certain penalty be
imposed and carried out for convicted
offenders who meet certain criteria.
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Intermediate Sanctions

• Types
• Usually combined
• Costs

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Probation

• Most used
• Tied to threat of incarceration
• Less violent offenders
• Shock probation

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Death Penalty

• Use
• Death Penalty and the Constitution
• Continuing controversy

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Death Penalty and the Constitution

• Furman v. Ga. (1972)
• Gregg v. Ga. (1976)
• McCleskey v. Ga. (1987)
• Minors
• Retarded

Eighth Amendment
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Sentencing Administrative Context

• Misdemeanor Courts
• - Assembly line
• - Assumptions
• - Psychic costs
• Felony Courts and judicial discretion

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Influences on Judges Sentencing Decisions
Ideology
Administrative pressures
Public opinion
Background
Presentence Report
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Minnesota Sentencing Guidelines Grid
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Equity and Sentencing

• Concerns
• Studies
• Difficulties in evaluating differences