the end of the line…. who decides? after the jury returns a verdict of guilty either…guilty the...
TRANSCRIPT
SENTENCING AND INCARCERATION
The end of the line…
Who decides?
After the jury returns a verdict of guilty either…The judge determines the sentenceOr the jury gives a recommendation
Does the punishment need to be painful?
Purpose of Punishment: Retribution Sometimes society wants revenge
against those who break the law.
Retribution (cont)
For the real bad mamajamas… Some states (34) and the federal
government will kill you. Lethal Injection Electric chair Gas Chamber Hanging Firing squad
Pupose of Punishment: Deterrence The punishment will, hopefully
discourage the offender from committing another crime.
Also, it will prevent, hopefully, others from committing similar acts.
Purpose of Punishment: Rehabilitation Helping a convict change their behavior
so that they may lead a productive life after release.
Education Drug and alcohol rehab Anger Management
Purpose of Punishment: Incapacitation Physically separate the criminal from
society for the protection of ALL.
Sentence- without jail time Suspended sentence- criminal does not
have to serve the sentence…yet Probation- released but must follow
conditions such as…Getting a jobNo drug useNot travelling outside the county or state
Sentence- Monetary
Fine- pay the government an amount of money as punishment
Restitution- pay back the victim for loss or injury
Sentence- like jail time
Home Confinement- ordered to serve the sentence at homeCan leave for necessary functions, like a jobMonitored by tracking bracelets
Work Release- convict must live at the prison, but can work in the community
Sentence- Imprisonment
Imprisonment- a term in jail or prison“two years”“not less than three but not more than ten”
Sometimes imprisonment is followed by lighter sentencesEx: two years prison followed by six months
of probation
Problems with prisons
US prison population largest in worldUS: 5% of world population but 25% of
world’s prison population 1 in 100 US adults is in prison or jail Prison spending is out of control
Problems with prisons
Recidivism – committing an act again after receiving punishment
40-50% of released prisoners commit crimes (often the same crime) again.
Reducing RecidivismWrite down 3 ways that the video
shows how recidivism can
be reduced.
Problems with prisons
10,000 juveniles in adult prisons in the United States
But some states have it right
Sentences- Capital Punishment
35 states have the death penalty Reserved for the most heinous crimes
MurderTreason/espionageTerrorismOther crimes which result indirectly in deathNOT rape, even the rape of children
Problems with the death penalty Moral/human rights objection
USA, Cuba, and Belarus are the only Western countries with the DP
Financial objectionRepeated judicial hearings and appeals
Circumstances
Aggravating Circumstances: Conditions which make the commission of a crime worseEx: gruesome murder, previous convictions
Mitigating Circumstances: Conditions which lessen the severity of the crimeEx: Defendant was abused by the victim
Rank the following crimes based on which deserves the harshest punishment:
RapeAggravated First
Degree MurderNegligent HomicideArmed RobberyBurglary Petty LarcenySexual Abuse of a
Child
KidnappingTreason against the
United States government
ArsonExtortionEmbezzlement of
$100,000Second Degree Murder
Then, write what you think the sentence should be for each of these crimes. Hold for next class.
The Classification of Routinely Prosecuted FeloniesClass A
(Life)1st Degree Intentional Homicide
Class B(40 years/20Years Extended Supervision)
Attempted 1st DegreeIntentional Homicide
1st Degree Reckless Homicide2nd Degree Intentional Homicide
1st Degree Sexual Assault1st Degree Sexual Assault of a Child
Class C(25 Years/15 Years Extended Supervision)
Armed RobberyArson of Building
2nd Degree Sexual Assault2nd Degree Sexual Assault of a Child
Homicide by Intox. Use of Vehicle (with prior OWI-type conviction)
Class D(15 Years/ 10 Years Extended Supervision)
2nd Degree Reckless Homicide1st Degree Reckless Injury
Homicide by Intox. Use of Vehicle(no prior OWI-type convictions)
Class E(10 years/ 5 Years Extended Supervision)
RobberyAggravated BurglaryAggravated Battery
Class F7.5 Years/5 Years Extended Supervision)
Burglary2nd Degree Reckless Injury 1st Degree Recklessly Endangering
Injury by Intox.Use of Vehicle
Class G(5 Years/5 Years Extended Supervision)
3rd Degree Sexual Assault2nd Degree Recklessly Endangering Safety
Felon in Possession of FirearmTheft (> $10,000)
Receiving Stolen Property (> $10,000)Theft from Person
Class H(3 Years/3 Years Extended Supervision)
Battery to Law Enforcement OfficerOperating Vehicle w/o Owner's Consent ("take & drive")
PerjuryFelony Escape
Felony Bail JumpingFalse Imprisonment
ForgeryTheft (> $5,000 but < $10,000)
Receiving Stolen Property(> $5,000 but < $10,000)
Class I(1.5 years/2 years Extended Supervision)Arson of Property other than a BuildingPossession of Burglarious ToolsOperating Vehicle w/o Owner's Consent ("drive/operate")Theft (> $2,500 but < $ 5,000)Receiving Stolen Property(> $2,500 but < $ 5,000)Failure to Support (more than 120 days)Possession of Firearm in School Zone