Unit 4: Sentencing and Punishment

1. Unit 4: Sentencing and Punishment Standard 13: Students can construct an essay answering the following question: Which is the more important reason for punishment? Suffering for the guilty or the prevention of crime? Standard 14: Students can describe the purposes and process of sentencing and corrections.

2. LT 14.1 Purposes of Punishment I can infer which purpose of punishment applies to a specific scenario.

3. Purposes of Punishment • 1. Retribution • 2. Deterrence • 3. Incapacitation • 4. Rehabilitation

4. Retribution • Punishment fits the crime • Because the person “deserves it” • Satisfies needs of victims and society • Children and mentally handicapped are not responsible for criminal action • Example: Death Penalty

5. Deterrence • Punishment prevents future crime • Sets example for other criminals • Discourages the convicted from committing more crimes • Problem: Low percentage of crimes result in sentencing

6. Incapacitation • Incarceration ensures criminals are not a danger to society • Example: Life sentence • Problems: • Overcrowding in prisons • Criminals may continue activities after release

7. Rehabilitation • Criminals are removed from destructive environment and treated • Drug/Alcohol programs • Prison chaplains • Prison counseling • Alternative sentences (rehab, community service)

8. LT 14.2 Sentencing Time I can monitor for meaning as I look at examples of criminals who may not serve their full sentence term and I can question whether or not this is a problem.

9. Sentencing Time • Indeterminate Sentencing: judge sets min and max sentence, parole board reviews after min is reached. • AKA: Judicial Discretion • Determinate Sentencing: term is predetermined and convict serves all of it minus “good time” • Good Time: time deducted from sentence for good behavior

10. Discussion Questions • What benefits might there be from criminals not serving their full sentence? • What problems occur because of criminals not serving their full sentence?

11. In for life, Out on Parole Articles • As you are reading, annotate the article. Monitor for meaning by underlining terms that we have discussed in class or that you do not fully understand. • For your article, describe the criminal(s) that is/are being considered for release due to indeterminate sentencing. • According to the article, what are some reasons that a criminal might be released?

12. Notebook Item 22Problems in the Corrections System • Keep an ongoing list throughout this unit. Add to it every time we discuss something or you think of something. I will try to remind you. • This will be EXTREMELY helpful for your project for STANDARD 16

13. LT 14.3 Factors of Sentencing I can infer how circumstances can affect the sentencing decisions made by a judge or jury.

14. Forms of Punishment • Capital (aka Death Penalty): 1st degree murder only • Imprisonment • Probation – may include electronic monitoring or house arrest • Fines – when criminal is not a threat to society • Restitution and Community Service • Apologies – for minor offenses or juveniles

15. Factors of Sentencing • Seriousness of crime: judge may consider the conviction as well as the “real crime” • Mitigating Circumstances: factors that may justify a lighter sentence • Ex: coercion, psychological factors • Aggravating Circumstances: factors that may justify a harsher sentence • Ex: prior record, use of weapon

16. Notebook Item 23 – Sentencing Factors • 1. Draw a T-Chart in your notebook. On side label “Mitigating, on the other label Aggravating. • Watch the following video and complete the chart by deciding what factors in the Justin Bieber case could be mitigating and which could be aggravating. • Justin Bieber • 2. Consult with a partner and recommend a sentence (assuming he is found guilty) for Bieber. Explain your recommendation.

17. LT 14.4 Double Jeopardy I can question whether the constitutional protection of double jeopardy is a benefit or hindrance to the justice system.

18. Double Jeopardy • 5th Amendment • Once a verdict is given, the state can not retry a person for the same crime • Example: Mel Ignatow

19. Notebook Item 24 – Double Jeopardy • How is double jeopardy beneficial to the justice system? • How can double jeopardy be a hindrance to justice?

20. 14.5 Sentencing Guidelines I can infer the benefits and problems of habitual offender laws

21. Sentencing Guidelines • Definition: determinate sentencing guidelines that apply a mathematical formula to help a judge decide the proper sentence.

22. “Three Strikes” • Habitual Offender Laws: some state require any offender convicted of a 3rd felony to serve a lengthy prison sentence. • AKA: “3 Strikes and You’re Out” Laws

23. Name _________________ Habitual Offender Laws Problems with Three Strikes Laws Benefits of Three Strikes Laws

24. Standard 15 - Death Penalty Students can research and defend their position on the death penalty.

25. Constitutionality • 8th Amendment: prohibits cruel and unusual punishment • Depends on how society defines “cruel and unusual” • 6th Amendment: jury is included in sentencing decision

26. Forms of Execution Since 1977

27. Bifurcated Process • Stage 1: The Criminal Trial – Guilty or Not Guilty Verdict • Stage 2 (if found Guilty): Sentencing Hearing • Jury looks at mitigating and aggravating circumstances • Decides execution or life in prison

28. Appeals • Convicted criminals have a right to appeal a verdict if due process was not followed • Ex: jury was biased, tainted evidence presented, counsel insufficient • State appointed appeals lawyers are often less affective

29. Habeas Corpus • Petition to the court demanding that the court hear claims that he/she is being held illegally. • Can only address constitutional issues, not technical errors. • Ex: Prisoner could say that the conditions of imprisonment are cruel and unusual and therefore unconstitutional, but not that DNA evidence would prove innocence.