Sentencing - Survey Criminal Justice - Lecture Slides | LAWJ 05175, Study notes of Criminal Justice

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Chapter 9: Sentencing

Terms

Retribution

-act of taking revenge on a criminal perpetrator

Just Deserts

-offenders deserve the punishment they receive at the hands of the law -punishments are appropriate to crime

Incapacitation

-use of imprisonment to reduce the likelihood that the offender will repeat the crime

Deterrence

-inhibit criminal behavior through fear

Specific Deterrence

-prevent offender from repeating crimes

General Deterrence

-prevent repetition by making offender an example

Rehabilitation

-reforming a criminal offender

Restoration

-attempting to make the offender “whole again”

Restorative Justice (hippie shit)

1: Crime committed out of a need for money, thrill, revenge, “just for the hell of it” 2: how much harm the offender intended 3: how much the victim contributed to their victimization 4: extent of the damages inflicted 5: mental state of offender 6: what the likelihood of successful rehabilitation is 7: degree the offender cooperated with authorities

Gain Time

• amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs

Good Time

• amount of time deducted from time to be served in prison on a given sentence based upon good behavior

Structured Sentencing

-determinate, presumptive, and voluntary/advisory sentencing guidelines

• Proportionality -assigned penalty fits crime
• Equity -similar crimes= same penalty
• Social Debt -balancing particular factors against equity

Voluntary/Advisory sentencing guidelines

-recommended sentencing policies that are not required by law

Presumptive Sentencing

-formulated by commissions -appropriate sentencing of a specific charge falls within a range of sentences authorized by guidelines -judges expected to follow -mechanism is in place for review of any departure of guidelines

Aggravating Circumstances

-relating to the commission of a crime that make is more grave than the average instance of that type of crime

Alternative Sentencing

-includes the use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim- offender programs, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines

Victim Impact Statement

-a written document describing the losses, suffering, and trauma experienced by the crime victim or by the victim’s survivors -before sentencing

Fines

-good & bad -people may or may not pay -prevent repeat crimes

Capital Punishment

-death penalty

Habeas corpus

-to have or produce a body -A writ to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal

125 PEOPLE CONVICTED OF A CAPITAL CRIME

TURNED OUT INCORRECT (1973-2007)

Cases

Mistretta v US

-establishment of the US sentencing commission that the guidelines developed by the commission could be applied in federal cases nationwide -federal sentencing commission -challenge was the legislature (congress)

Apprendi v New Jersey

-any fact that increases the penalty for a crime beyond the prescribed statuary maximum is, in effect, an element of the crime, which must be submitted to a jury and proved beyond a reasonable doubt -CASE: white man fires an illegal firearm into a black family’s house, initially charged with the possession of an illegal firearm, then they discover his hate crime and add charges

Deal v US

-the maximum sentence a judge may impose is a sentence based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt

McCleskey v Zant

-limits the number of appeals a condemned person may lodge with the courts -prisoners use to delay death penalty

Coleman v Thompson

-state prisoners could not cite “procedural default” -reinforcement of McCleskey v Zant

Schlup v Delo

before appeals based on claims of new evidence could be heard a petitioner must show that, in light of the new evidence, it is more likely than not that no reasonable juror would have found him guilty beyond a reasonable doubt

Wilkerson v Utah

-no firearms as a means of executions -8th amendment: cruel and unusual punishment -fire squads

Furman v Georgia

-”evolving standards of decency” that may cause reconsideration of 8th amendment

Coker v Georgia

-no death penalty for the rape of a woman -you can recover from rape, not a murder

Ring v Arizona

-Court applied the rule of Apprendi v NJ, to capital sentencing schemes, holding that the 6th amendment requires a jury to find the aggravating factors necessary for imposing the death penalty -CASE: Timothy Ring- armed robbery and murder of a driver, sentenced to death

Penry v Johnson

-personal characteristics of the perpetrator, such as mental inability and age, can be a bar to execution