Unit 4: Sentencing and PunishmentStandard 13: Students can construct an essay answering the following question: Which is the more important reason for punishment? Suffering for the guilty or the prevention of crime?

Standard 14: Students can describe the purposes and process of sentencing and corrections.

LT 14.1 Purposes of PunishmentI can infer which purpose of punishment applies to a specific scenario.

Purposes of Punishment

1. Retribution 2. Deterrence 3. Incapacitation 4. Rehabilitation

Retribution Punishment fits the crime Because the person

“deserves it” Satisfies needs of victims

and society Children and mentally

handicapped are not responsible for criminal action

Example: Death Penalty

Deterrence

Punishment prevents future crime

Sets example for other criminals

Discourages the convicted from committing more crimes

Problem: Low percentage of crimes result in sentencing

Incapacitation

Incarceration ensures criminals are not a danger to society

Example: Life sentence Problems:

Overcrowding in prisons Criminals may continue

activities after release

Rehabilitation

Criminals are removed from destructive environment and treated

Drug/Alcohol programs Prison chaplains Prison counseling Alternative sentences

(rehab, community service)

LT 14.2 Sentencing Time I can monitor for meaning as I look at examples of criminals who may not serve their full sentence term and I can question whether or not this is a problem.

Sentencing Time Indeterminate Sentencing:

judge sets min and max sentence, parole board reviews after min is reached. AKA: Judicial Discretion

Determinate Sentencing: term is predetermined and convict serves all of it minus “good time”

Good Time: time deducted from sentence for good behavior

Discussion Questions

What benefits might there be from criminals not serving their full sentence?

What problems occur because of criminals not serving their full sentence?

In for life, Out on Parole Articles

As you are reading, annotate the article. Monitor for meaning by underlining terms that we have discussed in class or that you do not fully understand.

For your article, describe the criminal(s) that is/are being considered for release due to indeterminate sentencing.

According to the article, what are some reasons that a criminal might be released?

Notebook Item 22Problems in the Corrections System

Keep an ongoing list throughout this unit. Add to it every time we discuss something or you think of something. I will try to remind you.

This will be EXTREMELY helpful for your project for STANDARD 16

LT 14.3 Factors of SentencingI can infer how circumstances can affect the sentencing decisions made by a judge or jury.

Forms of Punishment Capital (aka Death Penalty): 1st

degree murder only Imprisonment Probation – may include electronic

monitoring or house arrest Fines – when criminal is not a

threat to society Restitution and Community Service Apologies – for minor offenses or

juveniles

Factors of Sentencing Seriousness of crime: judge may

consider the conviction as well as the “real crime”

Mitigating Circumstances: factors that may justify a lighter sentence Ex: coercion, psychological

factors

Aggravating Circumstances: factors that may justify a harsher sentence Ex: prior record, use of weapon

Notebook Item 23 – Sentencing Factors

1. Draw a T-Chart in your notebook. On side label “Mitigating, on the other label Aggravating. Watch the following video and complete the chart by deciding

what factors in the Justin Bieber case could be mitigating and which could be aggravating.

Justin Bieber

2. Consult with a partner and recommend a sentence (assuming he is found guilty) for Bieber. Explain your recommendation.

LT 14.4 Double JeopardyI can question whether the constitutional protection of double jeopardy is a benefit or hindrance to the justice system.

Double Jeopardy

5th Amendment Once a verdict is given,

the state can not retry a person for the same crime

Example: Mel Ignatow

Notebook Item 24 – Double Jeopardy

How is double jeopardy beneficial to the justice system?

How can double jeopardy be a hindrance to justice?

14.5 Sentencing GuidelinesI can infer the benefits and problems of habitual offender laws

Sentencing Guidelines

Definition: determinate sentencing guidelines that apply a mathematical formula to help a judge decide the proper sentence.

“Three Strikes”

Habitual Offender Laws: some state require any offender convicted of a 3rd felony to serve a lengthy prison sentence. AKA: “3 Strikes and

You’re Out” Laws

Benefits of Three Strikes Laws

Problems with Three Strikes Laws

Name _________________Habitual Offender Laws

Standard 15 - Death PenaltyStudents can research and defend their position on the death penalty.

Constitutionality

8th Amendment: prohibits cruel and unusual punishment Depends on how society

defines “cruel and unusual”

6th Amendment: jury is included in sentencing decision

Forms of Execution Since 1977Method of Execution White* Black* Hispanic Indian* Asian* Total # Total %

1. Lethal Injection

576 338 89 7 6 1,016 85.5

2. Electrocution

83 70 2 1 0 156 13.1

3. Gas Chamber

8 3 0 0 0 11 0.9

4. Hanging 3 0 0 0 0 3 0.3

5. Firing Squad 2 0 0 0 0 2 0.2

Total # 672 411 91 8 6 1,188

Total % 56.6 34.6 7.6** 0.7 0.5100

Bifurcated Process

Stage 1: The Criminal Trial – Guilty or Not Guilty Verdict

Stage 2 (if found Guilty): Sentencing Hearing Jury looks at mitigating

and aggravating circumstances

Decides execution or life in prison

Appeals Convicted criminals

have a right to appeal a verdict if due process was not followed Ex: jury was biased,

tainted evidence presented, counsel insufficient

State appointed appeals lawyers are often less affective

Habeas Corpus Petition to the court demanding

that the court hear claims that he/she is being held illegally.

Can only address constitutional issues, not technical errors.

Ex: Prisoner could say that the conditions of imprisonment are cruel and unusual and therefore unconstitutional, but not that DNA evidence would prove innocence.