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Sentencing and Incarceration

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The end of the line…. Sentencing and Incarceration. Who decides?. After the jury returns a verdict of guilty either… The judge determines the sentence Or the jury gives a recommendation. Does the punishment need to be painful?. Purpose of Punishment: 1.Retribution/Revenge.

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Presentation Transcript
who decides
Who decides?
  • After the jury returns a verdict of guilty either…
    • The judge determines the sentence
    • Or the jury gives a recommendation
purpose of punishment 1 retribution revenge
Purpose of Punishment: 1.Retribution/Revenge
  • Sometimes society wants revenge against those who break the law.
retribution revenge cont
Retribution/Revenge (cont)
  • For the real bad mamajamas…
  • Some states (33) and the federal government will kill you.
  • Lethal Injection
  • Electric chair
  • Gas Chamber
  • Hanging
  • Firing squad
pupose of punishment 2 deterrence
Pupose of Punishment: 2.Deterrence
  • The punishment will, hopefully discourage the offender from committing another crime.
  • Also, it will prevent, hopefully, others from committing similar acts.
purpose of punishment 3 rehabilitation
Purpose of Punishment: 3.Rehabilitation
  • Helping a convict change their behavior so that they may lead a productive life after release.
  • Education
  • Drug and alcohol rehab
  • Anger Management
purpose of punishment 4 incapacitation
Purpose of Punishment: 4.Incapacitation
  • Physically separate the criminal from society for the protection of ALL.
sentence without jail time
Sentence- without jail time
  • Probation- released but must follow conditions such as…
    • Getting a job
    • No drug use
    • Not travelling outside the county or state
sentence monetary
Sentence- Monetary
  • Fine- pay the government an amount of money as punishment
  • Restitution- pay back the victim for loss or injury
sentence like jail time
Sentence- like jail time
  • Home Confinement- ordered to serve the sentence at home
    • Can leave for necessary functions, like a job
    • Monitored by tracking bracelets
  • Work Release- convict must live at the prison, but can work in the community
sentence imprisonment
Sentence- Imprisonment
  • Imprisonment- a term in jail or prison
    • Mandatory sentences
  • Followed by “Extended Supervision”
    • This gets used up when a prisoner “misbehaves” while in prison.
    • Instead of parole (good time) you stay in prison longer (bad time)
problems with prisons
Problems with prisons
  • US prison population largest in world
    • US: 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
problems with prisons1
Problems with prisons
  • Recidivism – committing an act again after receiving punishment
  • 40-50% of released prisoners commit crimes (often the same crime) again.
  • Reducing Recidivism
    • Write down 3 ways that the video

shows how recidivism can

be reduced.

problems with prisons2
Problems with prisons
  • 10,000 juveniles in adult prisons in the United States
  • But some states have it right
rank the following crimes based on which deserves the harshest punishment
Rank the following crimes based on which deserves the harshest punishment:
  • Rape
  • Aggravated First Degree Murder
  • Negligent Homicide
  • Armed Robbery
  • Burglary
  • Petty Larceny
  • Sexual Abuse of a Child
  • Kidnapping
  • Treason against the United States government
  • Arson
  • Extortion
  • Embezzlement of $100,000
  • Second Degree Murder

Then, write what you think the sentence should be for each of these crimes. Hold for next class.


The Classification of Routinely Prosecuted Felonies

Class A(Life)

1st Degree Intentional Homicide

Class B(40 years/20Years Extended Supervision)

Attempted 1st DegreeIntentional Homicide1st Degree Reckless Homicide

2nd Degree Intentional Homicide1st Degree Sexual Assault1st Degree Sexual Assault of a Child

Class C(25 Years/15 Years Extended Supervision)

Armed RobberyArson of Building2nd Degree Sexual Assault2nd Degree Sexual Assault of a ChildHomicide by Intox. Use of Vehicle (with prior OWI-type conviction)


Class D(15 Years/ 10 Years Extended Supervision)

2nd Degree Reckless Homicide1st Degree Reckless InjuryHomicide 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 EndangeringInjury by Intox.Use of Vehicle


Class G(5 Years/5 Years Extended Supervision)

3rd Degree Sexual Assault2nd Degree Recklessly Endangering SafetyFelon 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 EscapeFelony Bail JumpingFalse ImprisonmentForgeryTheft (> $5,000 but < $10,000)Receiving Stolen Property(> $5,000 but < $10,000)


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