Sentencing: To Punish or to Reform

1
Sentencing To Punish or to Reform?
2
Philosophy of Criminal Sentencing

• Why do we punish offenders?
• Some writers believe punishment is a natural
  response to those who break social taboos.
• Others ague that an enlightened society will
  choose instead to reform lawbreakers through
  humanitarian means.

3
The Goals of Sentencing

• Revenge - highly charged emotion
• Retribution - payment of debt to society
  individual. But how much is enough?
• Desert - Deemphasizes emotional component of
  revenge
• Deterrence - General and/or Specific
• Punishment must be swift, sure and
  sufficiently severe

4
Goals of Sentencing

• Incapacitation
• Correctional Economicsthe study of the
  cost-effectiveness of incarcerating offenders
• Rehabilitation or Reformation
• Reintegration
• Restorative Justice

5

• Which goals look forward?
• Which goals look backward?
• Which goals focus on the present?

6
Sentencing Options and Types of Sentences

• Fines
• Probation
• Alternative or intermediate sanctions Community
  service, electronic monitoring
• Incarceration
• Death

7

• Do you believe everyone who commits a specific
  crime should receive the same punishment?
• Two people commit a theft from a convenience
  store. One did it on a dare, the other to feed
  his family. Should they receive the same
  sentence?

8
Sentencing Models

• Indeterminate
• Determinate
• Presumptive Sentencing Guidelines
• Voluntary/Advisory Guidelines Sentencing
• Mandatory Minimum Sentencing

9
Indeterminate Sentencing

• A maximum and minimum sentence length is
  specified, and the parole board determines when
  to release
• Can only specify the maximum sentence, and the
  minimum is set by statute
• Prison good time is important

10
Determinate Sentencing

• Specifies a fixed period of incarceration, which
  can be reduced for good time served.
• Intent To keep offenders off the street longer.
• Determinate sentencing and good-time credit aid
  in controlling prison populations.

11
Guideline Sentencing

• Voluntary/advisory guidelines
• Presumptive sentencing guidelines
• Sentencing grids used
• Judges must explain deviations
• Sentencing enhancements

12
Presumptive Guidelines

• Sentence is presumed to fall within a range set
  by a legislatively created sentencing body
• Judges must sentence within the range or provide
  written justification for departure
• Departure can be appealed
• Sentence can be determinate or indeterminate

13
Mandatory Minimum Sentences

• Sentences required by statute for those convicted
  of a particular crime or a particular crime with
  special circumstances.
• Three-strike laws
• Rationales for mandatory sentencing are
  deterrence and incapacitation.
• Mandatory sentences are a problem as they could
  backlog the system.

14
Three Strikes Youre Out

• In 1990s, 26 states and the federal government
  enacted new habitual offenders laws that fell
  into the three-strike category
• Washington
• All three strikes must be for felonies from
  legislative list
• Third strike is life without parole for the
  most serious offenses
• California
• Only the first two convictions must be from
  the states list of strikable offenses
  (includes violent and many drug offenses)
• A two-strike provision allows the offender to
  be sentenced to twice the sentence length for
  second felony.
• The third-striker has the possibility of
  being released after 25 years.

15
Impact on Courts Jails

• Initially added processing time
• 16 longer for 2 strikes
• 41 longer for 3 strikes
• More likely to go to trial
• LA data suggest pace of strikes cases is slowing

16
Impact on Prisons

• May funnel older people into prison and keep them
  there longer
• Economic problems resulted in states using these
  statutes less frequently and releasing repeat
  offenders early

17
Issues in Sentencing

• Proportionality - severity should match
  seriousness of the crime
• Equity - similar crimes criminals should be
  treated alike
• Social Debt - prior criminal behavior should be
  considered
• Truth in Sentencing - serving substantial portion
  of sentence

18
What do you think?

• What if the offender commits one serious felony
  (e.g., robbery) and then two non-violent felonies
  such as auto theft? Should the offender still be
  incarcerated for life? Is this cost effective?

19
What do you think?

• What would happen to the prison system if there
  were no early release provisions or no option for
  good time credit to be earned?
• Besides overcrowding, how would the inmates
  behave without incentives to have good behavior?