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Unit 4: Sentencing and Punishment. Standard 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?

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unit 4 sentencing and punishment

Unit 4: Sentencing and Punishment

Standard 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 punishment
LT 14.1 Purposes of Punishment

I can infer which purpose of punishment applies to a specific scenario.

purposes of punishment
Purposes of Punishment
  • 1. Retribution
  • 2. Deterrence
  • 3. Incapacitation
  • 4. Rehabilitation
retribution
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
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
Incapacitation
  • Incarceration ensures criminals are not a danger to society
  • Example: Life sentence
  • Problems:
    • Overcrowding in prisons
    • Criminals may continue activities after release
rehabilitation
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
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
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
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
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 22 problems in the corrections system
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 sentencing
LT 14.3 Factors of Sentencing

I can infer how circumstances can affect the sentencing decisions made by a judge or jury.

forms of punishment
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
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
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 jeopardy
LT 14.4 Double Jeopardy

I can question whether the constitutional protection of double jeopardy is a benefit or hindrance to the justice system.

double jeopardy
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
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 guidelines
14.5 Sentencing Guidelines

I can infer the benefits and problems of habitual offender laws

sentencing guidelines
Sentencing Guidelines
  • Definition: determinate sentencing guidelines that apply a mathematical formula to help a judge decide the proper sentence.
three strikes
“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
slide23

Name _________________

Habitual Offender Laws

Problems with Three Strikes Laws

Benefits of Three Strikes Laws

standard 15 death penalty
Standard 15 - Death Penalty

Students can research and defend their position on the death penalty.

constitutionality
Constitutionality
  • 8th Amendment: prohibits cruel and unusual punishment
    • Depends on how society defines “cruel and unusual”
  • 6th Amendment: jury is included in sentencing decision
bifurcated process
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
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
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.
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