Chapter 4

restated # of objectives having guided sentencing judges in their leniency or harshness toward convicted defendants.

Sentencing Reform Act of 1984

What are some important functions of sentencing?

1. promote respect for the law

2. reflect seriousness of offense

3. provide just ounishment for offense

4. deter future criminal conduct

5. protect public from convicted offender

6. provide convicted offender w/ educational/vocational training or other rehab. assist.

What is the purpose of sentencing?

punishment/retribution

deterrence

custodial monitoring/incapacitation

rehabilitation

legitimization of power of state to administer sanctions

emphasizes punishment as primary obj. of sentencing, abolition of parole, & abandonment of rehab. ideal, & determinate sentencing

Justice Model

What are 2 major actions designed to equate offense seriousness with harsher punishments?

est. of habitual offender or repeat offender laws (3 strikes law)

get tough approach

most frequently used

court sets either explicit or implicit upper/lower limits on amount of time served by offender

release date from prison determined by parol board

Indeterminate Sentencing

fixed term of incarceration that must be served in full, less any good time served in prison

parole board has no discretion

Determinate Sentencing

inmates acquire good time by serving time w/o problems or incidents

Statutory Good Time

inmates acquire good time by good behavior, participation in education or self improvement and work programs

Earned Good Time

good time, where good credit is earned by exceptional act or service

Meritorious Good Time

incarcerated offenders must serve most of original sentences before being considered eligible for parole.

Truth-In-Sentencing

specific sentence expressed as range of months for each offense or class

in mitigating/aggravating circumstances, judges are permitted some latitude in shortening/lengthening sentences

Presumptive Sentencing

represent sentenced offenders eligibility for probation or other type of punishment

Zones

sentencing includes "0" months

judges discretion, probation may be imposed

Zone A

includes probation w/ home confinement or EM

Zone B

serve at least 1/2 sentence in prison

Zone C

serve maximum sentences in prison w/ guidelines range

Zone D

1. establish penalties commensurate w/ harm caused by criminal activity

2. produce fairer system of justice

3. reduce typical severity of penalties

4. incarcerate only serious offenders

5. reduce discretionary power of judges and parole authorities

6. allow special sentences for offenders where circumstance are exceptional

7. eliminate early release procedures

8. make participation in treatment/rehab. voluntary

Presumptive Sentencing Aims

imposition of an incarcerative sentence of a specified length for certain crimes or categories of offenders where no option of probation, suspended sentence, or immediate parole eligibility exists.

Mandatory Sentencing

What are several important sentencing issues?

1. Probation or Incarceration?

2. Jail and Prison Overcrowding

3. Effectiveness of Rehab

4. Offender Needs and Public Safety

 21 states history of prior criminal involvement

7 states type of crime offender is charged

23 states judicial discretion

Determination of "Dangerousness"

1. PO's prepare PSI reports

2. classify/categorize offenders

3. recommend sentences

4. work closely w/ courts determining the best supervisory arrangement for clients

5. resource for extralegal factors impacting sentencing decisions

Diff. aspects of PO relative to sentencing

drafted the 1st PSI report in 1841

John Agustus

written summaries of info. obtained by PO through interviews w/ defendant & investigation of background

PSI's

What is one important factor of offender if placed on probation must the PO make?

Degree of public risk posed by offender

What is the most difficult task in probation?

Predicting offenders future behavior

The Admin. Officeof the U.S. Courts uses standardized PSI's including 5 categories that must be addressed in report. What are they?

1. Offense (pros. & def. version)

2. prior record (juvenile & adult offenses)

3. personal & family data

4. eval. (PO's assessment, special sentencing provisions)

5. recommendation

When are PSI's mandatory?

felony offense convictions

incarceration of 1 year or longer is a possible sentence

offender is under 21 or 18 years of age

first time offenders