criminology

Topics: Death Penalty, Criminal law, Crime Pages: 4 (482 words) Published: November 6, 2013
Chapter 9

Punishment and Sentencing
THE PURPOSE OF SENTENCING
Four basic reasons for sentencing
Retribution

Deterrence
the scare tactic
Incapacitation
that you actually get out in prison
Rehabilitation how can the state change your behavior to become a productive citizen of the united states THE STRUCTURE OF SENTENCING

When public opinion moves toward more severe strategies of retribution deterrence, and incapacitation ⎯ legislatures have responded by asserting their power over determining sentencing guidelines THE STRUCTURE OF SENTENCING (cont.)

Legislative sentencing authority:
makes the law.
Indeterminate sentencing:the judge determines what sentence that you get. THE STRUCTURE OF SENTENCING (cont.)
Determinate sentencing:
predetermined sentence/fine…but the judge can lower the fine

“Good Time”
good behavioral prisoner that can get out on “good time’

Truth-in-sentencing: laws and the legislature attempts to sentence and serve the full time INDIVIDUALIZED JUSTICE AND THE JUDGE (cont.)
Forms of punishment:
capital punishment-death penalty…injection
imprisonment-prison or jail
probation- sentenced to being babysit in lieu of going to jail fines-fine you money
restitution and community service-paying back the victim and volunteer by doing community service restorative justice-get victim and suspect to get along

INDIVIDUALIZED JUSTICE AND THE JUDGE (cont.)
The sentencing process

The presentence investigative report
judge and the defendant.suspect has background check done by probation officer

The prosecutor and defense attorney:
INDIVIDUALIZED JUSTICE AND THE JUDGE (cont.)
Factors of sentencing: Most judges consider two factors above all others: Seriousness of the crime

Mitigating and aggravating circumstances
INDIVIDUALIZED JUSTICE AND THE JUDGE (cont.)
The seriousness of the crime:
The primary factor in a judge’s sentencing decisions
The more serious the crime…...
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