PREMISE: Societies has a moral duty to exact retribution for serious crimes committed against others.
B. Deterrence:
PREMISE: Punishment inflicted on others or on the offender will deter future criminal conduct.
General Deterrence:
CHAPTER 12
PUNISHMENT AND SENTENCING
INTRODUCTION TO CRIMINAL JUSTICE
I. GOALS OF PUNISHMENT
A. Retribution:
PREMISE: Societies has a moral duty to exact retribution for serious crimes committed against others.
B. Deterrence:
PREMISE: Punishment inflicted on others or on the offender will deter future criminal conduct.
General Deterrence:
Punishment must be swift, severe and certain.
Specific Deterrence:
Why deterrence may not work:
1)
2)
3)
C. Incapacitation: Removal of an offender from society by confining them, usually in prison.
Types:
D. Rehabilitation:
Indeterminate sentencing:
Rehabilitation dominated corrections through the 1970's until:
Robert Martinson
III. FORMS OF CRIMINAL SANCTIONS:
A. Sentencing Schemes
Incarceration
Indeterminate:
Mandatory Sentencing:
Texas: Habitual offender Law:
**Actual time served in Texas
Community Based:
Intermediate Sanctions: Purpose is to restrict freedom of an offender while not confining them in prison:
Probation: (Most Common)
Shock probation:
Death: Capital punishment
Court Decisions:
Furman v. Georgia (1972):
Gregg v. Georgia (1976)
McClesky v. Kemp (1987)
Special Cases:
Juveniles:
Mentally retarded:
Mentally Ill:
IV. SENTENCING PROCESS:
Factors Affecting Sentencing:
Pre-Sentence Report: Prepared by Probation Department:
Sentencing guidelines: