� ADDITIONAL INFORMATION NEEDED BY THE SENTENCING JUDGE
� INVESTIGATION BY PROBATION DEPARTMENT
PRESENTENCE INVESTIGATION MAY INCLUDE:
� DEFENDANT'S PERSONAL AND IDENTIFYING INFORMATION
� A CHRONOLOGY OF CURRENT OFFENSE AND SURROUNDING CIRCUMSTANCES
� DEFENDANT'S CRIMINAL HISTORY
� HOME AND FAMILY DATA
� EDUCATIONAL BACKGROUND
� HEALTH HISTORY AND CURRENT HEALTH
� MILITARY SERVICE
� RELIGIOUS PREFERENCE
� FINANCIAL CONDITION
� RECOMMENDATION OF INVESTIGATING PROBATION OFFICER
GOALS OF SENTENCING (MORE ON EACH)
� RETRIBUTION
� INCAPACITATION
� DETERRENCE
� REHABILITATION
� RESTORATION
RETRIBUTION
� PURE AND SIMPLE PUNISHMENT, THE SENTENCE SHOULD MAKE THE OFFENDER HURT
� "AN EYE FOR AN EYE," THE PUNISHMENT SHOULD FIT THE CRIME
� LITTLE CONCERN FOR INMATE COMFORT
� THE GOAL IS SATISFACTION
INCAPACITATION
� "PUT 'EM AWAY"
� LESS EMPHASIS ON PUNISHMENT, MORE EMPHASIS ON KEEPING CRIMINALS OUT OF CIRCULATION
� THE GOAL IS RESTRAINT
DETERRENCE
� TWO TYPES: GENERAL DETERRENCE AND SPECIFIC DETERRENCE
� GENERAL DETERRENCE IS THE SCARE FACTOR FOR THOSE WHO CONSIDER CRIME
� SPECIFIC DETERRENCE IS THE LESSON TAUGHT TO THE CONVICTED OFFENDER
� THE GOAL IS STOPPING FUTURE CRIME
REHABILITATION
� "CURING" THE CRIMINAL
� GENERALLY INEFFECTIVE IN THE PAST, NOW BEING TRIED AGAIN
� THE GOAL IS RETURNING THE OFFENDER TO SOCIETY AS A REFORMED CRIMINAL
RESTORATION
� FOCUS ON THE VICTIM AND THE COMMUNITY
� DEFENDANTS SOMETIMES REQUIRED TO REPAY THE VICTIM
� THE GOAL IS TO MAKE THE VICTIM (AND COMMUNITY) "WHOLE" AGAIN
PRACTICES (STRATEGIES) IN SENTENCING (MORE ON EACH)
� INDETERMINATE SENTENCING
� DETERMINATE SENTENCING
� MANDATORY SENTENCING
INDETERMINATE SENTENCING
� SENTENCES SUCH AS 2 TO 5 YEARS ARE INDETERMINATE
� MUST SERVE AT LEAST 2 YEARS, BUT NOT MORE THAN 5
� NEITHER THE JUDGE NOR THE CRIMINAL KNOWS WHEN THE CRIMINAL WILL ACTUALLY BE RELEASED
� POWER TO RELEASE SWITCHED FROM JUDGE TO PAROLE BOARD
� ACTUAL RELEASE DATE DEPENDS ON INMATE'S BEHAVIOR IN PRISON
� "GOOD TIME" (OR "TIME OFF FOR GOOD BEHAVIOR") A MAJOR FACTOR
� ASSUMES GOOD INMATE BEHAVIOR MEANS GOOD CITIZEN BEHAVIOR WHEN RELEASED
� ACTUAL TIME IN PRISON SIGNIFICANTLY LESS THAN THE MAXIMUM
� CALIFORNIA STILL HAS SOME INDETERMINATE SENTENCES (SUCH AS 25 TO LIFE)
DETERMINATE SENTENCING
� ALSO CALLED "FIXED SENTENCING"
� CRIMINAL GETS A DEFINITE PRISON TERM
� IN CALIFORNIA, JUDGES GIVE ONE OF THREE POSSIBLE SENTENCES PROVIDED FOR EACH CRIME
� JUDGES MAY CONSIDER AGGRAVATING, MITIGATING CIRCUMSTANCES
� JUDGES MUST GIVE REASONS (ON THE RECORD) FOR THE HIGHER OR LOWER TERMS
� INMATES TOLD THEIR "EARLIEST RELEASE DATES" UPON ENTRY TO PRISON
� "GOOD TIME" AND CREDIT FOR TIME SERVED STILL APPLY
� MOST CALIFORNIA SENTENCES ARE DETERMINATE
MANDATORY SENTENCING
� JUDGES MUST GIVE SPECIFIC TERMS WITH NO LEEWAY
� CALIFORNIA'S "THREE STRIKES, YOU'RE OUT" LAW IS MANDATORY
� FIRST STRIKE MUST BE A SERIOUS OR VIOLENT FELONY, NORMAL SENTENCE
� SECOND STRIKE MUST BE A SERIOUS OR VIOLENT FELONY, DOUBLE SENTENCE
� THIRD STRIKE MAY BE ANY FELONY, MANDATORY 25 TO LIFE SENTENCE
� VERY EXPENSIVE, $5.5 BILLION PER YEAR ($300 PER TAXPAYER)
� MOST "THIRD STRIKERS" NOW DOING 25 TO LIFE FOR NON-VIOLENT THIRD STRIKES
VICTIMS
� VICTIM'S RIGHTS ON THE RISE, BUT STILL FEW
� VICTIM IMPACT STATEMENTS
� RESTORATIVE JUSTICE FOCUSES ON VICTIMS, RETRIBUTIVE JUSTICE FOCUSES ON CRIMINALS
FELONY CONVICTIONS
� 997,970 FELONY CONVICTIONS FOR 1999 IN STATE COURTS
� 43,839 FELONY CONVICTIONS FOR 1999 IN FEDERAL COURTS
� TOTAL: 1,043,809 FELONY CONVICTIONS IN ENTIRE U.S. IN A RECENT YEAR
SENTENCING OPTIONS (MORE ON EACH)
� IMPRISONMENT
� PROBATION
� FINES
� DEATH
IMPRISONMENT
� 44% OF CONVICTED FELONS GO TO PRISON (MORE THAN A YEAR)
� 24% OF CONVICTED FELONS GO TO JAIL (A YEAR OR LESS)
PROBATION (MORE ABOUT PROBATION IN CH. 10)
� 32% OF CONVICTED FELONS GET PROBATION
FINES
� ADVANTAGES:
o CAN REDUCE OVERCROWDING IN JAILS
o CAN DEPRIVE OFFENDERS OF CRIMINAL PROFITS
o CAN PROMOTE REHABILITATION THROUGH FINANCIAL RESPONSIBILITY
o CAN HELP PAY FOR JUSTICE SYSTEM
o CAN BE MADE PROPORTIONATE TO SEVERITY OF OFFENSE AND ABILITY OF OFFENDER TO PAY
� DISADVANTAGES OF FINES:
o NO REAL RESTRAINT ON OFFENDER BEHAVIOR
o A MILD FORM OF PUNISHMENT
o DISCRIMINATE AGAINST THE POOR (THE RICH BUY THEIR WAY OUT OF TROUBLE)
o DIFFICULT TO COLLECT
THE DEATH PENALTY (CAPITAL PUNISHMENT)
� 18,800 LEGAL EXECUTIONS IN U.S. SINCE 1608
� 38 OF 50 STATES HAVE DEATH PENALTIES
� ABOUT 3718 PEOPLE ON ALL DEATH ROWS
� 98% MALE
� 45% WHITE, 43% AFRICAN-AMERICAN
APPEALING THE DEATH PENALTY
� AN AVERAGE OF 11 YEARS, 11 MONTHS BETWEEN THE SENTENCING AND THE EXECUTION
WRITS OF HABEAS CORPUS
� REQUIRES A STATE TO JUSTIFY CONTINUED CAPTIVITY
� ONLY ONE FEDERAL APPEAL WITHOUT UNUSUAL CIRCUMSTANCES
� MANY STATES HAVE NO LIMIT ON NUMBER OF STATE APPEALS
ARGUMENTS FOR CAPITAL PUNISHMENT
� REVENGE
� PUNISHMENT FITS THE CRIME
� PROTECTION OF THE PUBLIC
ARGUMENTS AGAINST THE DEATH PENALTY
� INNOCENT PEOPLE HAVE BEEN EXECUTED
� IT IS NOT A DETERRENT
� IT IS DISCRIMINATORY
� IT IS MORE EXPENSIVE (BECAUSE OF APPEALS) THAN LIFE IN PRISON
� YOU DON'T TEACH PEOPLE NOT TO KILL BY KILLING
DEATH PENALTY METHODS
� ELECTROCUTION
o STILL LEGAL BUT UNDER CHALLENGE
� HANGING
o PROBABLY UNCONSTITUTIONAL
� GAS CHAMBER
o UNCONSTITUTIONAL
� FIRING SQUAD
o NO RECENT CASES
� LETHAL INJECTION
o MOST COMMON, CONSTITUTIONALLY UPHELD