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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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The end of the line

The end of the line…

Sentencing and Incarceration

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 harshest punishment:

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 harshest punishment:(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 harshest punishment:(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 harshest punishment:(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