Handout - Chapter 2 Punishment 2010

Handout - Chapter 2 Punishment 2010 - Professor Joseph...

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Professor Joseph Sociology 145 Spring 2009 Punishment - Chapter 2 POST-TRIAL SENTENCING . Pre-Sentence Report . Sentencing Hearing . Sentence (Guidelines/No Guidelines) Appeal . Factors in legitimate legal system: -Is the punishment fair? -Is punishment consistent? - Is punishment predictable? 1
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Theories of Punishment . Utilitarian -Forward Looking - Does the punishment serve a purpose? . Retributive - Backward Looking -Punishment is justified because people deserve it. Purposes of Punishment . Retribution . Incapacitation . Rehabiltation . Deterrence -Personal -General Punishment Issues . Who should be punished? . How severe should the sentence be? . What are the limits on sentencing? 2
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Who should be punished? . Note 3 - Page 47 Punishment Issues . Who should be punished? . How severe should the sentence be? . What are the limits on sentencing? People v. Superior Court (Du) . What is the appropriate sentence? 3
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Federal Sentencing Guidelines (November 1987) To promote uniformity in sentencing Grid profiles of actual conduct and actual offender based on specific factors Departures -- Judge justification required --- Appellate review - government can appeal No more parole SENTCINGTABLI: (II mont of ¡. .pli.oiimeni) o. o. " 0.. Zoo,A o. " 0. ZoDoB .,. Zon,C n 8.14 Criminal Blilory Caior (Crmioal Hisry PoInts) UlIiV V VI 45 "9 0 !I !I 0"' 0"' M 0"" (H '.7 0.. 0- 2.8 '- 0.6 ~IO '_15 iz.ii 1;\.21 l8.i4 21_2, ~" 27_;\; ~~~: ,,~ 41.,1 ~n n~ iz.18 15_21 18_24 21-21 ~o 27-33 3(1,7 Federal Sentencing Guidelines (November 1987) Sentencing guidelines held unconstitutional in U.S. v. Booker (2005). - Violated right to trial by jury (6th Amendment) - Now advisory - not mandatory - Sentences stil appealable for "reasonableness" Rita v. United States (2007): Supreme Court states that a sentence imposed within a properly caiculated guidelines range is "presumptively reasonable." 4
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This note was uploaded on 11/09/2010 for the course SOC 72639 taught by Professor L.joseph during the Fall '10 term at GWU.

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Handout - Chapter 2 Punishment 2010 - Professor Joseph...

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