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Sentencing the Guilty

Sentencing the Guilty. Chapter 15. Eighth Amendment. Excessive bail shall not be required, not excessive fines imposed, not cruel and unusual punishments inflicted. Reasons for Sentencing. Retribution: Incapacitation: Deterrence: Rehabilitation:. Retribution.

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Sentencing the Guilty

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  1. Sentencing the Guilty Chapter 15

  2. Eighth Amendment • Excessive bail shall not be required, not excessive fines imposed, not cruel and unusual punishments inflicted.

  3. Reasons for Sentencing • Retribution: • Incapacitation: • Deterrence: • Rehabilitation:

  4. Retribution • “An eye for an eye, a tooth for a tooth.”

  5. Incapacitation • “Lock them up and throw away the key.”

  6. Deterrence • “Let this sentence be a warning to others.”

  7. Rehabilitation • Criminal behavior is the result of social or psychological disorders, and treatment of such disorders should be the primary goal of corrections.

  8. Legislative Sentencing Responsibility

  9. Judicial Sentencing Responsibility

  10. Executive Sentencing Responsibility • Parole: • Good time: • . • Pardon:

  11. Sentencing Options

  12. Imprisonment

  13. Cost of Imprisonment

  14. Probation

  15. Factors to Consider in Granting Probation

  16. Intermediate Sanctions • Diversionary Programs • Fines • Restitution

  17. Death Penalty • Capital Offenses • All Western democracies, except the U.S. have abolished the death penalty as a punishment.

  18. Furman v. Georgia (1972):

  19. Gregg v. Georgia (1976)

  20. Other Key Death Penalty Jurisprudence • Thompson v. Oklahoma: • Stanford v. Kentucky: • Penry v. Lynaugh: • Atkins v. Virginia:

  21. The Jury and the Death Penalty • Witherspoon v. Illinois: • Lockhart v. McCree: • Simmons v. South Carolina: • Harris v. Alabama:

  22. Jurisdictions Without a Death Penalty

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