Unit 4 sentencing and punishment
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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

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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


Unit 4 sentencing and punishment

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


Forms of execution since 1977

Forms of Execution Since 1977


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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