Sentencing Guidelines Principles of LPSCS. 2 Copyright © Texas Education Agency, 2011. All rights...

Sentencing GuidelinesPrinciples of LPSCS

2Copyright © Texas Education Agency, 2011. All rights reserved.

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Types of Sentencing

Concurrent Runs the same

duration as another sentence

Consecutive Sentences run one

after another

Determinate A specific amount

of time is given for an offender to serve

Indeterminate A period of time to

serve “not less than” and “not to exceed” a range of punishment



Types of Sentencing (continued)

Deferred The sentence is

postponed to a later date

Suspended Withholding or

postponing of the pronouncement or execution of a sentence

Life The convicted

person spends the remainder of his or her natural life in prison

Mandatory The sentence is

imposed from a statute that gives no room for discretion. A judge may not suspend or give probation.



Types of Sentencing (continued)

Maximum The longest amount of time

that can be given for an offense

Straight/flat A fixed sentence without a

maximum or a minimum



Sentencing Guidelines

Misdemeanors Class C: fine not to

exceed $500 Class B: fine not to

exceed $2000 and/or 180 days in jail

Class A: fine not to exceed $4000 and/or up to 1 year in jail



Sentencing Guidelines (continued)

Felony State Jail felony (SJF): no less than 180

days but no more than 2 years, and a $10,000 fine

3rd Degree: no less than 2 years but no more than 10 years, and a $10,000 fine

2nd Degree: no less than 2 years but no more than 20 years, and a $10,000 fine

1st Degree: no less than 5 years up to 99 years, and a $10,000 fine



Alternative Sentencing

Shock probation A short amount of

incarceration in addition to a period of probation

Work release Offenders report to

jail during non-work hours



Alternative Sentencing (continued)

Weekend sentencing Offenders report to

jail only for a weekend or another designated time

House arrest The offender is

monitored by electronic means and may not leave the house except for certain reasons




Community Service Required work for a

government or non-profit agency without pay

Probation: Serves the

sentence in the community; offenders must abide by the special guidelines

What are some conditions of probation?

What happens if probation is violated

What are the benefits of probation?




Boot camps Highly regimented

programs styled after the military to instill discipline and hold youths accountable

Fines Monetary amounts

paid to the court in lieu of confinement

Restitution Money paid to the

victim for damages and suffering




“Scarlet-Letter” punishments Punishment by shaming

Example: a judge requires a child molester to put a sign in his front yard stating that he is a sex offender

A




Asset Forfeiture Seizure of

assets, used in or obtained from illegal activity, by the government




Incarceration A period of confinement to either jail or

prison

Diversion The charges are dropped after the

person completes a condition such as Drug treatment Sex offender counseling Anger management First offender programs Scared straight



Resources http://www.statutes.legis.state.tx.us/Docs/PE/htm

/PE.49.htm#49.08 Do an Internet search for the following:

Judge refuses to reduce benson in fatal crash Findlaw sentencing Legalmatch types alternative sentencing Cliffnotes types of sentences Concurrent or Consecutive Sentence (LawWebTV) Taylor Thompson gets shock probation Man Escapes from Work Release Program, Arrested in

Montgomery Lindsay Lohan Turns Herself in for House Arrest After dirty drug test, suspect gets probation



http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.08

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.49.htm#49.08

Sentencing Guidelines Principles of LPSCS. 2 Copyright © Texas Education Agency, 2011. All rights...

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