What is sentencing? - The imposition of a criminal sanction by a judicial authority
Retribution - the act of taking revenge on a criminal perpetrator,
... [Show More] eye for an eye
Just deserts - Criminal offenders deserve the punishment they receive at the hands of the law and that the punishment should be appropriate to the type and severity of the crime committed
Incapacitation - The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. Protect us
Deterrence - the inhibition of criminal behavior by fear especially of punishment
Recidivism - relapsing into a problem or criminal behavior during or after receiving sanctions
Rehabilitation - the attempt to reform a criminal offender. Prepare offenders to succeed when they get out. Fix offender
Restoration - attempts to make the victim "whole" again
Indeterminate sentencing - a model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences
Criticisms - allows the judge too much discretion
Extralegal - outside the law
Dishonesty in Sentencing - offenders serve far less (many less than 50%) of the original sentence
Good time - Reduce time served with good behavior
Gain time - reduce time served for participation in projects and programs
Determinate sentencing - an offender is given a fixed term of imprisonment
-can be reduced by good or gain time
Voluntary/advising sentencing guidelines - recommended sentencing policies that are not required by law
Presumptive sentencing - mandatory sentencing guidelines
Aggravating circumstances - more severe add 12 months
Mitigating circumstances - less severe, -12 months
Three Strikes Law - 25 years to life for a third felony with convictions for two or more serious or violent prior offenses. It doesn’t work
Mandatory sentencing - A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes.
Presentence investigation - The examination of a convicted offender's background prior to sentencing. Written by a parole officer
What is included in presentence investigation - a detailed written report of the defendant's personal and criminal history
An abbreviated written report summarizing the information most likely to be useful in a sentencing decision
A verbal report to the court made by the investigating officer based on field notes
Often concludes with sentencing recommendations of the individual who wrote the report. [Show Less]