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CHAPTER 9 Sentencing IntroductionJames Q. Wilson: “wicked people exist”Set them apart through imprisonment Thomas Hobbes: “in revenge and punishments men ought not to look at the greatness of evil past, but at the greatness of the good to follow”Sentencing should deter offenders Goals of SentencingMany reasons for imposing sanctions, may be contradictoryRetributionDeterrenceIncapacitationRehabilitationRestoration Reasons not mutually exclusive, often overlap RetributionReflects society’s moral outrage at or disapproval of a crime Focus on crime, not individual Sentence proportionate to crime; balance harm caused by offender DeterrencePeople are rational beings with free will who prefer pleasure over painPeople weigh the benefits and cost of future actions before deciding to actChoose crime when benefits exceed costs Types of deterrenceSpecific deterrence: aimed at individual offendersGeneral deterrence: aimed at potential offenders IncapacitationRemoval of offenders from the community through imprisonment or banishment Form of specific deterrence; prevents offenders from committing future crimes Selective incapacitation; focus on high-rate and dangerous career criminals RehabilitationReforming an offender to become a productive member of society through treatment, education, or counseling Dominant philosophy during period of 1940s through the 1970s Identify causes of criminality, determine treatment likely to prevent reoffending ProportionalityFairness: making the punishment fit the crime Ultimate determination of proportionality made by Supreme Court Types of SentencesPrimarily linked to particular offenses Specified by state and federal criminal codes Judges have wide range of sentencing options Intermediate SentencesIntermittent incarceration Intense probation supervision FinesCommunity service Restitution Forfeiture Indeterminate Prison SentencesEstablishes minimum and maximum number of years to be served Actual time for release determined by a parole board Determinate or Structured Prison SentencesFixed terms of imprisonment Emerged as a result of the sentencing reform movement in the 1970s GoalsEliminate sentencing disparitiesCreate system of uniform sentencesRedistribute time served in prison Presumptive SentencingRange of minimum and maximum terms of incarceration Judge determines specific number of years served within range May depart from presumptive sentence if aggravating or mitigating factors exist Sentencing GuidelinesLimit judge’s discretion to impose disparate sentences for similar offenders Deemphasize rehabilitation as a primary goal in sentencing Guidelines direct judge to determine sentence by weighing offender’s criminal history against severity of current offense Mandatory SentencesRequire imprisonment of offenders who are convicted of certain types of serious crimes Mandatory minimum sentences established enhanced prison terms for particular crimes Habitual Offender Statute.
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Sentencing
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Sentencing and Release
Law 120 - Denton
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