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 • “An eye for an eye, a tooth for a tooth.”
Incapacitation • “Lock them up and throw away the key.”
Deterrence • “Let this sentence be a warning to others.”
Rehabilitation • Criminal behavior is the result of social or psychological disorders, and treatment of such disorders should be the primary goal of corrections.
Executive Sentencing Responsibility • Parole: • Good time: • . • Pardon:
Intermediate Sanctions • Diversionary Programs • Fines • Restitution
Death Penalty • Capital Offenses • All Western democracies, except the U.S. have abolished the death penalty as a punishment.
Other Key Death Penalty Jurisprudence • Thompson v. Oklahoma: • Stanford v. Kentucky: • Penry v. Lynaugh: • Atkins v. Virginia:
The Jury and the Death Penalty • Witherspoon v. Illinois: • Lockhart v. McCree: • Simmons v. South Carolina: • Harris v. Alabama: