Chapter 11 Sentencing - 1 Chapter 11 Sentencing Revised...

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Chapter 11 – Sentencing Revised Summer 2010 I Introduction A Sentencing 1 The imposition of criminal sanctions by a judge a NOT the determination of guilt 2 Guilt a Determined by a jury in a jury trial b By the judge in a bench trial or plea bargaining II Philosophy and Goals of Criminal Sentencing A Basics 1 Types of penalties a Fine, Imprisonment or Death b Rarely corporal or special punishment 2 Idea of Equitable Punishment a One ideal is that the degree of wrong is equal to punishment 3 Modern Penology has five basic goals a Retribution b Incapacitation c Deterrence d Rehabilitation e Restoration B Retribution 1 The Act of Revenge 2 Modern Term is “Just Deserts” a Punishment is deserved for the offense b Punishment is equitable C Incapacitation 1 Reduce the likelihood of future crime a By removing the offender from society 2 Also called warehousing D Deterrence 1 Stop future crime by punishment 2 General Deterrence a Set an example for the whole society 3 Specific Deterrence a Set an example for this specific offender E Rehabilitation 1 Reform or change the individual to make them obey the law 2 Fallen in disfavor because of the high rates or recidivism F Restoration 1 Help the victim or the community return to 1
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condition they were in before the crime 2 Help both the victim and offender 3 Give more power to the local community III Indeterminate Sentencing A Defined 1 An undefined length of time with release upon reform or rehabilitation 2 Wide discretion left to judge or correction officials B Critique 1 Means a wide variation in sentencing a Often based on the particular traits of the judge 2 Mean short actual time often served for long sentences a Frequently get good time or early release for behavior IV Structured Sentencing A Basis
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