Setting voluntary/prescriptive sentencing guidelines . . .
10 Presumptive/prescriptive sentencing guidelines Sentencing councils Accountability of Judge for sentence Limiting parole boardReform Options Reform Options cont.cont. Abolishing Parole Adopting or modifying good-time procedures Routinizing appellate review of sentencesReform EffectsReform Effects Federal Sentencing Guidelines Determinate sentencing in more than 20 states “3 strikes” legislationCriticisms of PrisonsCriticisms of Prisons Overcrowded Inefficient Ineffective ExpensiveSelective IncapacitationSelective Incapacitation
11 Incarceration and disabling of high risk offenders for longer periods ofincarceration to suppress further criminal behavior as a form of specificdeterrenceQuestions About Selective IncapacitationQuestions About Selective Incapacitation Can we correctly detect the amount of crime prevented? Can we accurately identify chronic offenders and predict their future behavior?Questions About Selective Incapacitation: Questions About Selective Incapacitation: cont.cont. Can we monetarily afford selective incapacitation if it involves massive construction? Will selective incapacitation violate constitutional rights?Questions About Selective Incapacitation Questions About Selective Incapacitation cont.cont. What will be the side effects of selective incapacitation?Examples of Selective IncapacitationExamples of Selective Incapacitation Mandatory imprisonment for second offenders “Three strikes” laws Habitual offender statutes Sentence enhancement Life without parole Supermax prisons
12Predicting BehaviorPredicting Behavior Sentence is the cornerstone for reintegrationSentence prescribed by statute Requires Judge to predict behaviorPredicting Predicting cont.cont. Judges must decide if offender will respond to psychiatric help or probation Or . . . if offenders will respond to prison positively The Presentence InvestigationThe Presentence Investigation Most states require Presentence Reports for offenses that carry imprisonment for more than 1 year Can be very valuable to Judge Usually prepared by Court’s probation officer or social workerPresentence: Presentence: cont.cont. Walter C. Reckless suggested that a report contain:Walter C. Reckless suggested that a report contain:Present offense (and attitude)Previous criminal record, family situationNeighborhood environment, educational historyPresentence Report: Presentence Report: cont.cont.
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- Spring '09
- Criminal Justice