Unit Seven SeminarUnit Seven Seminar

Sentencing Sentencing Chapter Eleven ReadingChapter Eleven Reading

This unit can be found in our text This unit can be found in our text in Chapter 10: Pretrial Activities in Chapter 10: Pretrial Activities and the Criminal Trial, and and the Criminal Trial, and Chapter 11: Sentencing. These Chapter 11: Sentencing. These chapters cover pretrial chapters cover pretrial procedures and sentencing procedures and sentencing procedures.procedures.

Before trial, courts often use Before trial, courts often use pretrial release to shield the pretrial release to shield the accused from the punitive power accused from the punitive power of the state. In doing so, they of the state. In doing so, they must balance the rights of the must balance the rights of the unconvicted defendant against unconvicted defendant against the potential for future harm that the potential for future harm that he or she represents.he or she represents.

A significant issue facing pretrial A significant issue facing pretrial decision makers is how to ensure decision makers is how to ensure that all defendants (rich or poor), are that all defendants (rich or poor), are afforded the same degree of afforded the same degree of protection. This chapter identifies the protection. This chapter identifies the criminal trial as the hallmark of criminal trial as the hallmark of American criminal justice and American criminal justice and discusses the characteristic activities discusses the characteristic activities of today’s criminal courts.of today’s criminal courts.

The criminal trial, which owes its The criminal trial, which owes its legacy to the development of legacy to the development of democratic principles in Western democratic principles in Western society, builds on an adversarial society, builds on an adversarial process that pits prosecution process that pits prosecution against defense. against defense.

Trials have historically been Trials have historically been viewed as peer-based fact-finding viewed as peer-based fact-finding processes intended to protect the processes intended to protect the rights of the accused while rights of the accused while disputed issues of guilt or disputed issues of guilt or innocence are resolved. innocence are resolved.

If a guilty verdict is found, then If a guilty verdict is found, then the next step in the criminal the next step in the criminal justice process begins. This is justice process begins. This is known as sentencing.known as sentencing.

Please list some of the many Please list some of the many goals of sentencing……………goals of sentencing……………

The goals of criminal sentencing The goals of criminal sentencing are many and varied, and they are many and varied, and they include retribution, include retribution, incapacitation, deterrence, incapacitation, deterrence, rehabilitation, and restoration.rehabilitation, and restoration.

The just deserts model, with its The just deserts model, with its emphasis on retribution and emphasis on retribution and revenge, may be the most revenge, may be the most influential sentencing philosophy influential sentencing philosophy in the United States today.in the United States today.

Most states impose sentences Most states impose sentences based on either the determinate based on either the determinate or indeterminate model. Please or indeterminate model. Please first define indeterminate first define indeterminate sentencing.sentencing.

Indeterminate sentences vary the Indeterminate sentences vary the term of incarceration; for term of incarceration; for example, when someone receives example, when someone receives 5 to 15 years with the possibility 5 to 15 years with the possibility of parole.of parole.

Now, please define determinate Now, please define determinate sentencing…………..sentencing…………..

Determinate sentences prescribe Determinate sentences prescribe a fixed period of incarceration, 10 a fixed period of incarceration, 10 years and offer no possibility for years and offer no possibility for parole, but may offer reduction of parole, but may offer reduction of the prison term for good the prison term for good behavior.behavior.

Class exercise time……..Class exercise time……..

We talked about goals of We talked about goals of sentencing; now you be the judge sentencing; now you be the judge and please give me the goal that and please give me the goal that would best rehabilitate each would best rehabilitate each offender in the following offender in the following scenarios. What sentence would scenarios. What sentence would hand down in each case?hand down in each case?

The first offender is a burglar that The first offender is a burglar that has been arrested numerous has been arrested numerous times with no dependency issues times with no dependency issues (does not have to support a wife (does not have to support a wife and kids).and kids).

Next one, a subject arrested for Next one, a subject arrested for her 6her 6thth drunk driving charge and drunk driving charge and who lost her license several years who lost her license several years ago but still continues to drive, ago but still continues to drive, however, she has never been in however, she has never been in an accident or injured anyone. an accident or injured anyone.

Let’s move on....The last offense Let’s move on....The last offense relates to an individual that is a relates to an individual that is a sex offender and continues to sex offender and continues to visit grade school campuses. visit grade school campuses. How would you start to sentence How would you start to sentence this individual? And remember NO this individual? And remember NO duct taping to a tree!!!!duct taping to a tree!!!!

Please define aggravated Please define aggravated circumstances involving a circumstances involving a crime……….crime……….

Circumstances relating to the Circumstances relating to the commission of a crime that make commission of a crime that make it more grave than the average it more grave than the average instance of that crime.instance of that crime.

Please define mitigating Please define mitigating circumstances………….circumstances………….

Circumstances relating to the Circumstances relating to the commission of a crime that may commission of a crime that may be considered to reduce the be considered to reduce the blameworthiness of the blameworthiness of the defendant.defendant.

Please define a writ of habeas Please define a writ of habeas corpus.corpus.

It is a writ that directs the person It is a writ that directs the person detaining a prisoner to bring him or detaining a prisoner to bring him or her to a judicial officer to determine her to a judicial officer to determine the lawfulness of imprisonment.the lawfulness of imprisonment.

The writ of habeas corpus is so The writ of habeas corpus is so important in the American judicial important in the American judicial system because it prevents people system because it prevents people from being incarcerated for no from being incarcerated for no apparent reason.apparent reason.

It ensures the Constitutional It ensures the Constitutional rights of American citizens to be rights of American citizens to be free from prosecution and free from prosecution and punishment without absolute punishment without absolute proof that a criminal act has been proof that a criminal act has been committed and that this person committed and that this person has committed such act beyond a has committed such act beyond a reasonable doubt. reasonable doubt.

This is unique because in other This is unique because in other countries all over the world countries all over the world people can be arrested for little or people can be arrested for little or no reason. They do not have the no reason. They do not have the Constitutional rights to protect Constitutional rights to protect them like we have here in them like we have here in America.America.

OK please type the following info OK please type the following info for yourself: Home state, is death for yourself: Home state, is death penalty allowed, are you for or penalty allowed, are you for or against it…..against it…..

OK that is all I have for you this OK that is all I have for you this week. week.

Thank You for your time.Thank You for your time.

Questions?Questions?

Comments?Comments?

Class Dismissed.Class Dismissed.

Have a good week.Have a good week.