Final Section Notes

Final Section Notes - CJ Final Section I. Sentencing a....

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CJ Final Section I. Sentencing a. Sentencing Objectives – two main sentencing objections dominating sentencing today is deterrence and incapacitation i. Retribution 1. Taking revenge. “Eye for an eye” 2. Just deserts (ex. Arizona Sheriff) a. Its 120 degrees in Iraq and our soldiers are living in tents to, and they didn’t commit any crimes, so shut your damned mouth 3. Castration? ii. Deterrence 1. Reduce crime by fear of punishment 2. Specific versus general a. Specific – talking about the individual who got caught- set the punishment so that individual feels enough pain to not want to commit crime again b. General – communication to the law abiding citizens that certain types of behaviors are so wrong that individuals are not going to commit the crime 3. Caning 4. Public Announcements – put criminals in paper iii. Incapacitation 1. Prevent crimes through isolation. “Lock em up” 2. Mandatory life; habitual offender 3. Selective versus General a. Wolfgang’s 6 percenter’s iv. Rehabilitation 1. Reform 2. “Nothing works” by Robert Martinson v. Restoration – most recent addition to the objectives 1. Make the victim whole again 2. Victim impact statements – have no effect on judicial discretion b. Sentencing Disparities i. Why? 1. History 2. Structured 3. Tailor Sentence ii. Negative 1. Discrimination – race matters - criminal justice devalues crimes when the victim is a minority a. Clear and convincing evidence of racial/economic 2. Fairness c. Sentencing Systems i. Indeterminate
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1. is a sentence instead of a time, the person is sentenced to a range of time (minimum and maximum) 2. Judges have complete discretion when it comes to setting minimum and maximum 3. A person is sentenced and their release is determined by a parole board ii. Determinate 1. flat or fixed rate sentencing – no min or max 2. There is a fixed amount of time for what they are sentenced to 3. No parole board 4. The time of sentence is determined by a legislature iii. Mandatory 1. Certain penalty for a certain crime (gun crimes – mandatory minimum that eliminates discretion) iv. Sentencing Guidelines 1. help to structure judicial discretion 2. relatively fixed sentences 3. guided by aggravated and litigated factors 4. made up of experts who guide judges 5. Judges still have discretion 6. Can go beyond or below guidelines if there is a written explanation (Notes from Clay) Old exams 12/10 from 12-3, 512 Baker Community Based – Diversion, fines, probation, restitution Intermediate – Intensive probation, house arrest, Electronic Mon. Incarceration – Jail, shock incarceration, prison Capital punishment
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Punishment
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Types: o Wide range available Community Based- Diversion, Fines, Probation, restitution Intermediate- Intensive probation, House arrest, electronic mon. Incarceration- Jail, Shock incarceration, Prison
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Final Section Notes - CJ Final Section I. Sentencing a....

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