The end of the line…. Who decides? After the jury returns a verdict of guilty either…guilty The...
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SENTENCING AND INCARCERATION
The end of the line…
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Who decides?
After the jury returns a verdict of guilty either…The judge determines the sentenceOr the jury gives a recommendation
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Does the punishment need to be painful?
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Purpose of Punishment: Retribution Sometimes society wants revenge
against those who break the law.
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Retribution (cont)
For the real bad mamajamas… Some states (34) and the federal
government will kill you. Lethal Injection Electric chair Gas Chamber Hanging Firing squad
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Pupose of Punishment: Deterrence The punishment will, hopefully
discourage the offender from committing another crime.
Also, it will prevent, hopefully, others from committing similar acts.
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Purpose of Punishment: Rehabilitation Helping a convict change their behavior
so that they may lead a productive life after release.
Education Drug and alcohol rehab Anger Management
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Purpose of Punishment: Incapacitation Physically separate the criminal from
society for the protection of ALL.
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Sentence- without jail time Suspended sentence- criminal does not
have to serve the sentence…yet Probation- released but must follow
conditions such as…Getting a jobNo drug useNot travelling outside the county or state
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Sentence- Monetary
Fine- pay the government an amount of money as punishment
Restitution- pay back the victim for loss or injury
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Sentence- like jail time
Home Confinement- ordered to serve the sentence at homeCan leave for necessary functions, like a jobMonitored by tracking bracelets
Work Release- convict must live at the prison, but can work in the community
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Sentence- Imprisonment
Imprisonment- a term in jail or prison“two years”“not less than three but not more than ten”
Sometimes imprisonment is followed by lighter sentencesEx: two years prison followed by six months
of probation
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Problems with prisons
US prison population largest in worldUS: 5% of world population but 25% of
world’s prison population 1 in 100 US adults is in prison or jail Prison spending is out of control
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Problems with prisons
Recidivism – committing an act again after receiving punishment
40-50% of released prisoners commit crimes (often the same crime) again.
Reducing RecidivismWrite down 3 ways that the video
shows how recidivism can
be reduced.
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Problems with prisons
10,000 juveniles in adult prisons in the United States
But some states have it right
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Sentences- Capital Punishment
35 states have the death penalty Reserved for the most heinous crimes
MurderTreason/espionageTerrorismOther crimes which result indirectly in deathNOT rape, even the rape of children
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Problems with the death penalty Moral/human rights objection
USA, Cuba, and Belarus are the only Western countries with the DP
Financial objectionRepeated judicial hearings and appeals
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Circumstances
Aggravating Circumstances: Conditions which make the commission of a crime worseEx: gruesome murder, previous convictions
Mitigating Circumstances: Conditions which lessen the severity of the crimeEx: Defendant was abused by the victim
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Rank the following crimes based on which deserves the harshest punishment:
RapeAggravated First
Degree MurderNegligent HomicideArmed RobberyBurglary Petty LarcenySexual Abuse of a
Child
KidnappingTreason against the
United States government
ArsonExtortionEmbezzlement of
$100,000Second Degree Murder
Then, write what you think the sentence should be for each of these crimes. Hold for next class.
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The Classification of Routinely Prosecuted FeloniesClass A
(Life)1st Degree Intentional Homicide
Class B(40 years/20Years Extended Supervision)
Attempted 1st DegreeIntentional Homicide
1st Degree Reckless Homicide2nd Degree Intentional Homicide
1st Degree Sexual Assault1st Degree Sexual Assault of a Child
Class C(25 Years/15 Years Extended Supervision)
Armed RobberyArson of Building
2nd Degree Sexual Assault2nd Degree Sexual Assault of a Child
Homicide by Intox. Use of Vehicle (with prior OWI-type conviction)
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Class D(15 Years/ 10 Years Extended Supervision)
2nd Degree Reckless Homicide1st Degree Reckless Injury
Homicide by Intox. Use of Vehicle(no prior OWI-type convictions)
Class E(10 years/ 5 Years Extended Supervision)
RobberyAggravated BurglaryAggravated Battery
Class F7.5 Years/5 Years Extended Supervision)
Burglary2nd Degree Reckless Injury 1st Degree Recklessly Endangering
Injury by Intox.Use of Vehicle
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Class G(5 Years/5 Years Extended Supervision)
3rd Degree Sexual Assault2nd Degree Recklessly Endangering Safety
Felon in Possession of FirearmTheft (> $10,000)
Receiving Stolen Property (> $10,000)Theft from Person
Class H(3 Years/3 Years Extended Supervision)
Battery to Law Enforcement OfficerOperating Vehicle w/o Owner's Consent ("take & drive")
PerjuryFelony Escape
Felony Bail JumpingFalse Imprisonment
ForgeryTheft (> $5,000 but < $10,000)
Receiving Stolen Property(> $5,000 but < $10,000)
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Class I(1.5 years/2 years Extended Supervision)Arson of Property other than a BuildingPossession of Burglarious ToolsOperating Vehicle w/o Owner's Consent ("drive/operate")Theft (> $2,500 but < $ 5,000)Receiving Stolen Property(> $2,500 but < $ 5,000)Failure to Support (more than 120 days)Possession of Firearm in School Zone