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Sentencing Decision and Its Implications, Including Conditions to Impose. Learning Objectives. Identify sentencing factors a judge may consider; Determine what information should be in a pre-sentence report or investigation; Interpret assessment tools;

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Sentencing Decision and Its Implications, Including Conditions to Impose

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Sentencing decision and its implications including conditions to impose

Sentencing Decision and Its Implications,

Including Conditions to Impose


Learning objectives

Learning Objectives

  • Identify sentencing factors a judge may consider;

  • Determine what information should be in a pre-sentence report or investigation;

  • Interpret assessment tools;

  • Examine the role of the victim at trial and at sentencing;

  • Examine approaches to sentencing sex offenders;


Learning objectives cont

Learning Objectives (cont.)

  • Determine potential conditions of probation;

  • Identify unique issues relative to female sex offenders; and

  • Analyze continuum of sanctions for probation violations.


Overview

Sentencing Factors

Risk Assessment Tools

Victims’ Rights

Sentencing Factors

Probation

Case Studies

Overview


Sentencing factors

Sentencing Factors


Sentencing factors1

Sentencing Factors

  • The Law

    • State prison mandatory?

    • Mandatory conditions of probation?

  • The Crime

    • Extreme violence?

    • Weapons?

    • Multiple victims?

    • Impact on victim


Sentencing factors cont

Sentencing Factors (cont.)

  • Defendant’s History

    • Prior record

      • Prior sex crimes?

      • Prior crimes of violence, weapons?

    • Family history and structure

    • Employment history

    • Physical health


Sentencing factors cont1

Sentencing Factors (cont.)

  • Defendant’s Treatment Needs

    • Psychological history, adjustment, and current status

    • Intellectual and cognitive functioning

    • Substance abuse history

    • Sexual attitudes

    • Response to prior treatment


Sentencing factors cont2

Sentencing Factors (cont.)

  • Defendant’s Risk of Re-offending

    • Actuarial assessment

      • Static-99

      • RRASOR

    • Clinical

    • Psych/sexual evaluation

    • Motivation to change

    • Community support


Sentencing factors cont3

Sentencing Factors (cont.)

  • Correctional and treatment resources

    • Within institution

    • Community-based

    • Ability to pay

    • Degree of supervision


Pre sentence investigation reports

Pre-Sentence Investigation Reports


Pre sentence investigation reports1

Pre-Sentence Investigation Reports

What items or information need to be in a pre-sentence report or investigation?

  • All of the foregoing factors


Victims rights

Victims’ Rights


Victims rights1

Victims’ Rights

  • Most states have a “Victims’ Rights” statute.

  • Defining a “victim” may be problematic. (All victims are not created equal.)

  • If the victim is a minor or is deceased, a member of a victim’s family or another person may exercise the rights of the victim.


Victims rights cont

Victims’ Rights (cont.)

  • Many states permit the victim to be present during trial and sentencing even though she/he may be a witness against the defendant.


Victims rights cont1

Victims’ Rights (cont.)

  • Typically, the victim has the right to prepare and submit a victim impact statement.

  • Also, a victim has the right to make a statement prior to sentencing, and state laws often require that “the court shall consider” a victim’s statement.


Victims rights cont2

Victims’ Rights (cont.)

  • Statement to the court or defendant?

    • Security concerns

    • Oral? Reading? Video?

  • Allow questions by defendant?

  • Defendant’s right to speak?


Probation

Probation


Probation1

Probation

What Conditions of Probation or Supervision for Sex Offenders are available?


Treatment

Treatment

  • Participate in and complete specialized sex offender treatment program

  • Sign release of information

  • Submit to all testing


Contact with others

Contact with Others

  • No contact with minor male/females

  • No contact without direct supervision

  • Stay away from places where children congregate

  • No association with sex offenders


Contact with others cont

Contact with Others (cont.)

  • Stay 100 yards from victim, residence, school, work

  • No contact with family of victim


Supervision

Supervision

  • Register as sex offender

  • Carry registration certificate at all times/ present to law enforcement

  • Search and seizure

  • Polygraph examination


Residence

Residence

  • Not within one mile of school, park, or recreation facility

  • Not with another sex registrant

  • Inform any person living with of status as sex offender

  • No minors in residence


Employment

Employment

  • No employment that requires entry into residence

  • No employment that regularly has contact with minors

  • Approval of all employment by probation officer


Travel activities

Travel/Activities

  • Not to enter, travel past, or loiter near adult bookstores, massage parlors, topless bars or sex shops

  • Maintain detailed travel log

  • Wear GPS system

  • Probation officer approves all recreation and leisure activities

  • Probation officer approves route of travel to work or treatment and means of travel


Access to sexual material

Access to Sexual Material

  • No possession of children’s/women’s clothing (for male offenders)

  • No possession of pornographic material, whether involving adults or minors

  • No possession of computer/internet access

  • No use of 800 or 900 numbers


Substance abuse

Substance Abuse

  • May not possess or consume alcohol; may not frequent places where alcohol is chief item of sale

  • May not possess or use narcotics or controlled substances without medical prescription

  • Drug and alcohol testing


Miscellaneous

Miscellaneous

  • No possession of cameras or video equipment

  • Non-confidential AIDS testing

  • No possession of identity concealing items


Available sanctions

Available Sanctions

  • Treatment

  • Victim Contact

  • Driving and Travel

  • Daily Living

  • Social/Sexual Behavior

  • Internet Restrictions

  • Work Restrictions

  • Alcohol and drugs

  • Disclosure

  • Polygraph, Plethysmograph, other tests

  • Other Technology Restrictions


Limits

Limits

What can a judge do to limit the risk to the community when the judge places a sex offender on probation?


Responses to limit risk

Responses to Limit Risk

  • Limiting access to victims

  • Electronic monitoring or curfews

  • No contact orders

  • Restrictions on movement

  • Increased monitoring, contact, treatment

  • Pre-revocation contracts

  • Admissions to violations


Immediate removal

Immediate Removal

Assuming you place a defendant on probation, what conditions of probation would you impose which would require his/her immediate removal?


Situations requiring immediate removal of offender

Situations RequiringImmediate Removal of Offender

  • Possession of dangerous weapon

  • Contact with children initiated by offender and not reported

  • Substance abuse that is part of offense cycle

  • Offender physically harms another person


Case studies

Case Studies


John a doe

John A. Doe


John a doe demographics

John A. DoeDemographics

  • 37-year-old male.

  • Currently married (nearly 10 years), 2 children.

  • Well-educated, obtained Master’s in Business Administration.

  • Stable employment – works in software development.

  • Stable home, stable finances.


John a doe current offense

John A. DoeCurrent Offense

  • Indicted on two counts of Importuning (Internet solicitation) and Attempted Unlawful Sexual Conduct with a Minor.

    • Believed the person was a 14-year-old minor female.

    • Sexually explicit communications over two months’ time.

    • Apprehended after driving to agreed-upon meeting place.


John a doe current offense cont

John A. DoeCurrent Offense (cont.)

  • Acknowledged having thoughts about having sexual contact, but claims to have changed mind.

  • Currently in counseling.

  • Pled guilty to two counts of Importuning.

  • Statutory penalties:

    • Importuning: 6-12 months of incarceration and/or up to $2500 fine.


John a doe additional background information

John A. DoeAdditional Background Information

  • Stable home during childhood.

  • No history of maltreatment.

  • No mental health, health, or substance abuse difficulties.


John a doe criminal history

John A. DoeCriminal History

At age 17, fined for disorderly conduct.


John a doe sentence

John A. DoeSentence

How would you sentence John A. Doe, and what conditions would you impose?


John b doe

John B. Doe


John b doe demographics

John B. DoeDemographics

  • 75-year-old male

  • Currently married, nearly 50 years; 3 children.

  • Retired (long-term, stable employment in paper company).

  • Stable residence, finances.

  • Health problems (triple bypass, high cholesterol, emphysema).


John b doe current offense

John B. DoeCurrent Offense

  • Indicted on two counts each of Rape, Gross Sexual Imposition.

    • Victims were two granddaughters, ages 4 and 8, when offending began.

    • Occurred over a 2-year time period, multiple instances of having victims fondling and performing fellatio on him.

    • Blames victims, indicates victims initiated and desired the contact.


John b doe current offense cont

John B. DoeCurrent Offense (cont.)

  • Denies harm to victims, no evidence of remorse.

  • Pled guilty as charged.

  • Statutory penalties:

    • Rape: 3-10 years/$20,000 fine.

    • Gross Sexual Imposition: 1-5 years/$10,000 fine.


John b doe criminal history

John B. DoeCriminal History

No prior record.


John b doe additional background information

John B. DoeAdditional Background Information

  • Stable home during childhood.

  • No history of maltreatment.

  • Quit school during 8th grade, later obtained GED.

  • Two years of military service, honorable discharge.

  • No mental health or substance abuse difficulties.


John b doe sentence

John B. DoeSentence

How would you sentence John B. Doe, and what conditions would you impose?


John c doe

John C. Doe


John c doe demographics

John C. DoeDemographics

  • 19-year-old male.

  • Single, no current relationship.

  • Resides with parents.

  • Was employed in construction; currently in jail.

  • No independent finances.


John c doe current offense

John C. DoeCurrent Offense

  • Indicted on one count each of Sexual Battery and Tampering with Evidence.

    • 16-year-old female victim.

    • Involved a co-defendant.

    • Victim was intoxicated and passed out at party; defendant subjected victim to non-consensual oral copulation and digital penetration; disposed of (burned) victims’ underwear afterward.


John c doe current offense cont

John C. DoeCurrent Offense (cont.)

  • Offender was using alcohol and marijuana at the time of the offense.

  • Admits to behaviors, some evidence of remorse.

  • Pled guilty as charged.

  • Statutory penalty:

    • Sexual Battery: 1-5 years/$10,000 fine.

    • Tampering with Evidence: 1-5 years/$10,000 fine.


John c doe criminal history juvenile

John C. DoeCriminal History (Juvenile)

  • Petty theft.

  • Driving without a license.

  • Drug paraphernalia.

  • Violation of court order (failed drug test, refused to participate in drug treatment).

  • Traffic violations.


John c doe additional background information

John C. DoeAdditional Background Information

  • Stable home during childhood.

  • No history of maltreatment.

  • Quit school during 11th grade, later obtained GED.

  • History of alcohol, marijuana use/abuse.

  • No mental health, health difficulties.


John c doe trial

John C. DoeTrial

  • Case proceeds to jury trial.

  • Defendant is found guilty as charged of both counts.

  • Maximum sentence is eight years in prison.


John c doe sentence

John C. DoeSentence

How would you sentence John C. Doe, and what conditions would you impose?


Female sex offenders

Female Sex Offenders

  • Less than 10% of reported sex offenses involve a female perpetrator.

  • Only 1% of all arrests for forcible rape involve a female perpetrator.

  • Females represent about 6% of all adult arrests for other sex offenses.


Jane a doe

Jane A. Doe


Jane a doe demographics

Jane A. DoeDemographics

  • 35-year-old female.

  • In a relationship with a prison inmate who is expected to be released this year.

  • Resides with mother and step-father.

  • Has cosmetology license; worked as bartender before current incarceration.

  • No independent finances.


Jane a doe current offense

Jane A. DoeCurrent Offense

  • Indicted on two counts of Unlawful Sexual Conduct with a Minor; found guilty on one count.

    • 15-year-old male victim.

    • Shared a basement bedroom with victim in which she had her own bed at victim’s mother’s house.

    • Doe and victim had frequent sex/ongoing “relationship”.


Jane a doe current offense cont

Jane A. DoeCurrent Offense (cont.)

  • Doe and victim were using alcohol at time of offense.

  • Admits to bad judgment and consuming too much alcohol.

  • Statutory penalty:

    • 1-5 years; up to $10,000 fine.


Jane a doe criminal history

Jane A. DoeCriminal History

  • Runaway (juvenile).

  • Speeding (juvenile).

  • Operating a Vehicle Intoxicated.

  • Aggravated Menacing.

  • Obstructing Official Business (two convictions).

  • Domestic Violence.


Jane a doe criminal history cont

Jane A. DoeCriminal History (cont.)

  • Disorderly Conduct (three convictions).

  • Violation of Temporary Protection Order.

  • Operating a Vehicle Under the Influence.

  • Possession of a Drug Abuse Instrument.


Jane a doe additional background information

Jane A. DoeAdditional Background Information

  • Unstable home during childhood.

  • Two alcoholic parents.

  • As a child, witnessed grandmother shoot dead her alcoholic and abusive grandfather.

  • Was sexually assaulted by grandfather and cousins, and abused by uncle as child.


Jane a doe additional background information1

Jane A. DoeAdditional Background Information

  • Quit high school during 12th grade; obtained GED.

  • History of alcohol, marijuana drug use/abuse.

  • History of psychiatric treatment.


Jane a doe trial

Jane A. DoeTrial

  • Refused to plead to a lesser charge; found guilty of Unlawful Sexual Conduct with a Minor.

  • At trial, defendant claimed she was the actual victim of sexual assault by named victim.


Jane a doe sentence

Jane A. DoeSentence

How would you sentence Jane A. Doe, and what conditions would you impose?


Jane b doe

Jane B. Doe


Jane b doe demographics

Jane B. DoeDemographics

  • 28-year-old female.

  • Single, no current relationship.

  • Will reside with sisters after release.

  • Was self-employed with cleaning business; currently in jail.

  • No independent finances.


Jane b doe current offense

Jane B. DoeCurrent Offense

  • Indicted on three counts of Unlawful Sexual Conduct with a Minor and one count of Obstructing Official Business.

    • 15-year-old female victim.

    • Ongoing unlawful sexual conduct.

    • Supplied victim with alcohol and/or pills.

    • Admits to behaviors; is remorseful.


Jane b doe current offense cont

Jane B. DoeCurrent Offense (cont.)

  • Pled guilty to two counts of Unlawful Sexual Conduct with a Minor.

  • Statutory penalties:

    • 1-5 years/$10,000 fine.


Jane b doe criminal history

Jane B. DoeCriminal History

  • Runaway (juvenile)

  • Assault


Jane b doe additional background information

Jane B. DoeAdditional Background Information

  • Unstable home during childhood.

  • Mother’s stepfather and boyfriend molested Jane; boyfriend was convicted.

  • Lived in juvenile facility, group home, and foster homes.

  • Mother has history of bipolar disease; attempted suicide.


Jane b doe additional background information cont

Jane B. DoeAdditional Background Information (cont.)

  • Quit school after 9th grade.

  • History of alcohol, marijuana use/abuse.

  • No mental health, health difficulties.


Jane b doe sentence

Jane B. DoeSentence

How would you sentence Jane B. Doe, and what conditions would you impose?


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