courts week 12 notes
courts week 12 notes Crju 3700
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This 5 page Class Notes was uploaded by Khaila Coissiere on Thursday March 31, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 9 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.
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Date Created: 03/31/16
Chapter 15 – Sentencing Decisions Thursday, March 31 st Courtroom Workgroups and Sentencing Decisions Probation offer o Supervision o Presentence investigation Recommendations Sentence Level of supervision Conditions of supervision Treatment plan Community resources Prosecutor o Count or charge bargain Limit maximum penalty o Aggravating factors seriousness of crime, use of weapon, personal injury to victim, harsher sentence o Mitigating factors lack of mental capacity and role (principal or secondary actor), marital status, relationship with family, length of employment, prior alcohol or drug abuse, youth of defendant o Makes sentencing recommendations Defense attorney o Trial or guilty plea o Judge shopping o Communicate with prosecutor o Highlight circumstances favorable to the defendant Judge o Limited by the legislature o Informally limited by the courtroom workgroup o Usually follows the recommendations provided if reasonable Normal Penalties Twostage decisionmaking process o Probation vs. incarceration? o If incarceration, how long? "normal" penalties are guides and are not applied mechanically What are some deviation factors? Health, bread winner for family, custody of children Discrimination in Sentencing Illegitimate influences on the sentencing process; focus on the defendant's attributes What are some factors of discrimination? o Economic status o Gender o Race Discrimination and Economic Status Chapter 15 – Sentencing Decisions Thursday, March 31 st Poor less likely to be released on bail Poor less likely to hire private attorney Often represented by courtappointed attorney Less likely to get probation and receive longer prison sentences Discrimination and Gender Why are women increasingly being sentenced to prison? Are women sentenced more leniently than men? o Chivalry/paternalistic philosophy stresses that "women are awarded leniency in sentencing as a result of their inherent biological weaknesses and their need to be protected and coddled both as offenders and as victims" o Evil woman philosophy emphasizes that women lose the advantages normally provided by chivalry and paternalism when they are convicted of "manly" crimes o Women commit less serious crimes than men Discrimination and Race Law is not biased, but discretion of CJ officials can be Can prosecutorial discretion be discriminatory? Young, AfricanAmerican males Southern vs. northern states Offendervictim dyad (Capital punishment) o Black offender, white victim o White offender, white victim o Black offender, black victim o White offender, black victim Disparities in Sentencing Inconsistencies in sentencing resulting from the decisionmaking process o Geography o Judicial backgrounds and attitudes Sentencing Guidelines State and federal guidelines Directs the judge in specific action to take Voluntary guidelines Advisory/suggested Mandatory guidelines Prescriptive/required Chapter 14 – Sentencing Options Tuesday, March 29 th Why do we sentence? Retribution o Offenders deserve punishment o Hold individual responsible for their actions Lex talionis "eye for an eye, tooth for a tooth" "just deserts" o Limitations? Wrongfully convicted sometimes, focuses on crimes of violence Deterrence o Prevention of future crimes General vs. specific deterrence General prevent general public Specific prevent certain person or group from committing that offense Severity, certainty, celerity of punishment Severity how severe the punishment is Certainty how likely the criminal is to get away with crime as opposed to being caught Celerity swiftness of punishment o Utilitarian Bentham o Rests on the assumption of rational behavior Hedonistic calculus discourage crime by making it painful o Limitations? Assumes most criminals aren't rationalize, assume people know what the punishment is Rehabilitation o Treat rather than punish o Probation o Parole o Pretrial diversion o Evidencebased corrections o Public safety realignment o Sentences should fit the offender rather than the offense Incapacitation o Assumes crime prevention (future oriented) o Focus on personal characteristics of offender o Limitations? Cost, putting criminals together makes better criminals o Selective incapacitation Restoration o Seeks to replace retribution Crime is conflict between individuals Crime is secondarily a violation of government laws Principle aim of criminal justice system should repair these injuries Criminal justice system should facilitate involvement of victims, offenders, and community Chapter 14 – Sentencing Options Tuesday, March 29 th Restorative Justice o Three elements Crime is primarily a conflict between individuals, which results in injuries The principal aim of the CJ system should be to repair these injuries The CJ system should facilitate the involvement of victims, offenders, and the community o Should restorative justice replace revengebased sentencing? Who Should Decide the Sentence? All 3 branches of government play a part Legislative branch o Initially create sentencing options o Criminal codes o Indeterminate vs. determinate sentences Indeterminate range of years a person may serve Determinate fixed sentence a person has to serve Judicial branch o Choosing sentencing options provided by the legislate o No 2 cases are alike (use discretion) Rehabilitative model Wide discretion Due process model Discretion = inequity Crime control model Discretion = leniency Executive branch o Governors, parole boards, departments of corrections o Carry out sentencing Parole Good time Pardon What Sentence Should Be Imposed? Cruel and unusual punishment o 8th amendment Imprisonment o Prison overcrowding o Conditions of confinement lawsuits o High costs o Realities of imprisoning large numbers of criminal force states to look at alternative sanctions Probation o Most commonly used sanctions in U.S. o Maintaining control while allowing offenders to live in the community Chapter 14 – Sentencing Options Tuesday, March 29 th o Less expensive than incarceration o Statutes prescribe who can and cannot receive probation Duties of probation officers? Make sure gainfully employed, housing, supervising in the community Fines o One of the oldest and most widely used forms of punishment o Traffic court, minor ordinance violations Restitution o Offender provides reparation to the victim for harm caused by the offense o Direct vs. symbolic restitution Direct offender is required to make monetary payments to victim Symbolic offender makes reparation for harm done in the form of good works benefitting the entire community rather than particular individual harmed Intermediate Sanctions Community service o Symbolic restitution offender has injured community and therefore should compensate the community for that injury Intensive supervision probation o Targets offenders who most likely will face imprisonment for their next offense o Home detention o Electronic monitoring o GPS monitoring Boot camp offenders serve short sentence that includes rigorous, paramilitary regimen designed to develop discipline and respect for authority o Shock incarceration offender is sentenced to a brief jail or prison sentence then released on probation Death Penalty Capital punishment automatic review Lengthy appeals and evolving standards 8th amendment standards o Furman v. GA (1972) moratorium o Gregg v. GA (1976) bifurcated trial process o Coker v. GA (1977) crime limitations rape isn't death eligible; crime has to be murder o Atkins v. VA (2002) development limitations mentally ill can't receive o Roper v. Simmons (2005) age limitations 18 and under can't receive Method of execution Death qualified juries Narrowing deatheligible cases Crime limitations Development limitations