Chapter 2

Sentencing: The Imposition Of Correctional Sanctions

SENTENCE: A sentence represents the punishment specified for a given crime by the legislature of a given political jurisdiction, imposed by one of its courts, and carried out by its correctional system.

I. JUSTIFICATIONS FOR PUNISHING OFFENDERS

A. Retribution: Just Deserts

1. "Deserved punishment for evil done".
2. Religious and philosophical justifications (20)
3. Distinctions between "just deserts" and retribution:

  • a "Just Deserts:
    i. primary emphasis - what offenders fairly merit for their crimes
    i.i central organizing principle - proportionality, "punishment must fit the crime"
  • b Retribution:
    i. relies on "eye for an eye" - punishment of evil by evil
    ii. requires harsh punishment.
    •
    1. Deterrence

    1. Justification for punishment based on the belief that the pain caused by punishment will deter future criminal actions by the individual punished and others.
    2. Theories of Deterrence:
        a Classical Theory - Jeremy Bentham/Cesare Beccaria - also known as "free will" - humans are rational beings and make behavioral decisions based upon the consequences or their actions. Will avoid consequences which are negative. Issue - how does one determine which punishment and how much of it will, in fact, deter someone?
        b. Choice or Rational Choice Theory - modern version of "free will". Holds that rational decision making elements lead to the commission or non-commission of crime(s). Recognizes that the degree of reasoning involved varies from offender to offender.
    3. Types of Deterrence:
        a. Specific - inflicting suffering - if the pain outweighs the gain then criminal behavior will be avoided by the individual who has suffered.
        b. General - suffering of one offender leads observers of same to avoid criminal acts which could lead to the same suffering.
    4. Deterrence Research:
        a. The deterrent value of punishment is inconclusive. Studies have sought to determine
            i. if the probability of being caught and punished reduces crime - apparently not greatly.
            ii. if the threat of punishment reduces illegal behavior - found to for the short term only.
            iii. perceptual research - tends to show that the more certain the perceived punishment, the less likely individuals say they would engage in crime.
            iv. The effect on those caught and punished - may effect some behavior such as spousal abuse but most prison inmates have a history of prior arrests and convictions
    5. Factors Affecting Deterrence:
        a. Speed, severity and certainty of punishment
        b. Impact of "truth in sentencing laws"

    1. Incapacitation - The Prevention of Future Crime

    1. Three Types Of Incapacitation Strategies
        a. Collective - all persons convicted of a certain offense be given the same sentence
        b. Selective - sentences based on predictions that certain offenders will commit serious crimes at higher rates than others convicted for committing the same type of crime
        c. Criminal Career - identifying classes of criminals who have high rates of crime

    C.  Rehabilitation
        1. Penitentiary’s were originally developed in the U. S. because it was believed that imprisonment would reform an inmate by instilling a new sense of morality and purpose.
        2. Current trend is punishment pure and simple.

    D.  Restorative Justice
        1. Changes focus from crime as violations of state law to the harm that crime creates for the victim and the community.
        2. Emphasizes active victim, offender and community participation in repairing the harm caused to the victim and the community.

    E.  Reintegration

    1. It is a residential or non-residential alternative to imprisonment. Less costly, relieves overcrowding and allows the offender access to family and community support not available in prison

    II. TYPES OF DISPOSITIONS

    A. Monetary Sanctions: Getting Hit in the Wallet
        1. Fines - monetary sanctions usually assessed for violations and minor misdemeanors.
        2. Day Fines - imposed on the basis of the gravity of the offense and offender income
        3. Restitution - requires the offender to make amends to the victim or the community

    B. Community Programs:

    1. Probation is serving a sentence under supervision on the community
    2. Residential Community Programs (Halfway Houses) provide the most intense supervision short of prison as well as treatment and re-integration.

    1. Incarceration

    1. Sentence to a jail or prison.

    III SENTENCING CATEGORIES

    A. Indeterminate Sentences

    1. Normally tied to rehabilitation
    2. Consists of a range of time that is defined in terms of a minimum period served before release (usually followed by parole for remainder of the original sentence) and a maximum period after which the inmate must be released. Exact sentence usually determined by sentencing guidelines.
    3. Criticized because two persons sentenced for the same type of offense can serve very different lengths of time.

    B. Determinate Sentences

    1.  Represents a fixed term - may be modified by "Good Time" earned by the inmate.

    1. Mandatory Sentences - Designed to restrict or eliminate parole and/or judicial discretion.

        1. Four Types:
            a. Mandatory Minimum Sentences (30)
            b. Presumptive Sentencing - Terms are set by law; only modified by aggravating or mitigating circumstances(31). (See, Figure 2.5, page 32)
            c. Truth in Sentencing(31/33)
            d. Three Strikes and You’re Out (See, "Close-Up", page 35)

    II.  Creative Sentences (See, "Close-Up", page 36)