ch11.pptx - SENTENCING Chapter 11 DETERMINING SENTENCES...

This preview shows 1 out of 10 pages.

Chapter 11 SENTENCING
Image of page 1

Subscribe to view the full document.

Sentence Judgement formally pronounced by court and imposed on defendant who pleads guilty or is found guilty after a trial Various sentencing models used by various jurisdictions Type and length may be determined legislatively, judicially, or administratively Most involve combination of three DETERMINING SENTENCES
Image of page 2
Legislative model Type and length of sentence for each crime determined by legislature and codified into criminal law In purest form, no discretion permitted in sentencing Also known as determinate sentence In contrast to indeterminate sentence Sentence that leaves sentencing decision up to judges or sets minimum and maximum terms and permits judge to set exact sentence in each case DETERMINING SENTENCES: SENTENCING MODELS
Image of page 3

Subscribe to view the full document.

Judicial model Judges are final determiners of sentences No administrative releases are permitted Administrative model Parole boards may grant early releases or prison administrators may reduce time served by granting good time credits Credits that allow reduction of prison term because of inmate’s good behavior during incarceration DETERMINING SENTENCES: SENTENCING MODELS
Image of page 4
In reality, pure forms of sentencing rarely occur Even during push for determinate sentences, most states left some discretionary power with judge Some retained at least part of administrative model Administrative model prominent during period in which philosophy of rehabilitation was popular Rehabilitation based on philosophy offenders should be sent to prison for indeterminate period and receive treatment DETERMINING SENTENCES: SENTENCING MODELS
Image of page 5

Subscribe to view the full document.

Some states specify sentences for each type of off ense Others classify all misdemeanors and all felonies and specify sentences (or sentence ranges) for each category Texas statutes Under any model, power to determine length of sentences may be altered by other factors DETERMINING SENTENCES: SENTENCING MODELS
Image of page 6
Clemency Power given to governor (or president, in case of federal crimes) to reduce sentence, commute life sentence, or commute death sentence Pardon Power given to governor (or president, in case of federal crimes) to grant act of grace that exempts offender from punishment (or further punishment, if some time has already been served) Some legislatures also give governors authority to release inmates when prison reach court-imposed maximum populations DETERMINING SENTENCES: SENTENCING MODELS
Image of page 7

Subscribe to view the full document.

Legislature specifi es normal sentence for each crime, and judges permitted to deviate only under specifi ed types of circumstances, or by giving written reasons, or both Based on assumption that it is reasonable to impose specifi ed sentence unless signifi cant reasons found for not doing so DETERMINING SENTENCES: PRESUMPTIVE SENTENCING
Image of page 8
Guidelines established by legislatures, judges, or others (e.g., sentencing commissions) to be followed by judges in assessing sentences
Image of page 9

Subscribe to view the full document.

Image of page 10
You've reached the end of this preview.
  • Fall '18
  • Supreme Court of the United States,  Legislature

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern