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Criminal Justice - Sentencing

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    Study Guide Criminal Jus Ɵ ce – Sentencing 1. Sentencing Statutes and Guidelines Courts use different systems to decide how long offenders should be punished and where that punishment should take place. These systems are designed to balance fairness, public safety, and consistency. However, each system has strengths and weaknesses. 1.1 The Three Main Sentencing Systems There are three major types of sentencing systems used in the United States: 1. Indeterminate sentencing 2. Determinate sentencing 3. Sentencing guidelines These systems sometimes overlap. For example, mandatory sentences are a form of determinate sentencing but may also exist in states that use indeterminate sentencing or guidelines. 1.2 The Problem of Sentencing Dispari Ɵ es One major challenge in sentencing is sentencing disparity . This happens when people who commit the same crime receive very different sentences. Research shows disparities are often linked to: • Race • Gender • Region • Socioeconomic status The Role of Race

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    Study Guide Many studies show that race affects sentencing outcomes . A review of 38 studies found that race directly influences whether offenders are sent to prison or allowed to remain in the community — even after accounting for criminal history and seriousness of the crime. Other researchers argue race has an indirect effect , influencing: • Bail decisions • Type of attorney (public defender vs. private attorney) • Whether a case ends in a plea deal or trial Research also shows that the race of both the offender and the victim matters . For example: • Black defendants who kill white victims are more likely to receive the death penalty than black defendants who kill black victims or white defendants who kill anyone. These disparities undermine the idea of “equal justice under the law.” 1.3 Indeterminate Sentencing Indeterminate sentencing gives judges flexibility. Legislatures set a minimum and maximum sentence for each crime, and judges decide where the offender falls within that range. • If the sentence includes prison time, a parole board decides when the inmate can be released. • Release is based on behavior and rehabilitation progress. The Goal: Rehabilita Ɵ on This system is based on the idea that offenders can be rehabilitated . Inmates are released once they show evidence of reform. • Good - time laws reward inmates for good behavior by reducing sentence length. • Parole boards can release inmates after the minimum sentence is served. 1.4 E ff ects of Indeterminate Sentencing Bene fi ts

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    Study Guide • Encourages good behavior in prison • Helps reduce overcrowding • Allows individualized sentencing Cri Ɵ cisms • Many offenders are released early • Judges have too much discretion • Leads to inconsistent and unequal sentences 1.5 Determinate Sentencing In the 1970s, confidence in rehabilitation declined. As a result, many states adopted determinate sentencing . Under this system: • Legislatures set fixed sentences for crimes. • Judges decide whether an offender goes to prison, but not how long the sentence will be. • Some offenders may still qualify for parole after serving part of the sentence. 1.6 E ff ects of Determinate Sentencing Determinate sentencing: • Shifts power from judges to prosecutors • Increases the likelihood of prison sentences • Lengthens time served • Contributes to prison overcrowding Most determinate systems require offenders to serve at least 85% of their sentence . • The Violent Crime Control and Law Enforcement Act (1994) requires states to adopt this rule to qualify for federal funding.

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    Study Guide 1.7 Mandatory Sentencing All 50 states have mandatory - sentencing laws for certain crimes, including: • Drunk driving • Crimes involving weapons • Drug offenses These laws: • Remove judicial discretion • Prevent alternative punishments like probation • Increase prosecutors’ power because they control charging decisions Mandatory sentencing is popular with politicians because it appears “tough on crime.” 1.8 Three - Strikes - and - You’re - Out Laws To deal with repeat offenders, over 25 states and the federal government passed three - strikes laws . • After a third felony conviction, offenders may receive life imprisonment , often without parole. Problems with Three - Strikes Laws • Many nonviolent offenders receive extremely long sentences • Prison overcrowding increases • Fewer plea bargains and more trials occur • Jail overcrowding worsens as defendants wait for trial • A minor third offense (like marijuana possession) can trigger life imprisonment, raising concerns about proportionality 1.9 E ff ects of Mandatory Sentencing Mandatory minimums often fail to work as intended. • A 1991 U.S. Sentencing Commission report found 40% of federal offenders avoided mandatory minimums .

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    Study Guide • Prosecutors can bypass mandatory sentences through plea deals. • Defendants who cooperate with authorities may receive reduced sentences. Mandatory sentencing also: • Costs taxpayers millions of dollars • Increases prison populations • Reduces consistency and predictability in punishment 1.10 Sentencing Guidelines By 1998, 17 states and the federal government had adopted sentencing guidelines. Guidelines: • Use a sentencing grid • Combine the seriousness of the crime with the offender’s criminal history • Reduce judicial discretion Federal Sentencing Guidelines Passed in 1984, these guidelines: • Eliminated parole for federal prisoners • Limited early release for good behavior • Required judges to follow strict rules Judges may depart from guidelines only for special reasons , and they must explain those decisions in writing. 1.11 E ff ects of Sentencing Guidelines Advantages • Reduce sentencing disparities • Promote consistency and fairness • Ensure serious crimes receive harsher punishment

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    Study Guide • Help reserve prison space for serious offenders Cri Ɵ cisms Not all guidelines work equally well. • Federal guidelines assume prison is the best punishment for most crimes. • Many nonviolent offenders are incarcerated when community alternatives would be cheaper and more effective. • Guidelines were created without recognizing that prison space is limited and expensive . As a result: • Federal prison populations have grown rapidly • Taxpayers bear the cost of building and maintaining new prisons 2. Should the Death Penalty Be Abolished? Few topics in criminal justice create as much debate as the death penalty , also called capital punishment . Many Americans support it, yet strong legal, moral, and practical arguments suggest it should be abolished. Understanding both sides helps explain why this issue remains so controversial. 2.1 Arguments for Abolishing the Death Penalty Critics of capital punishment raise several important concerns. 1. The Death Penalty Is Arbitrary Opponents argue that the death penalty is applied inconsistently , which violates the Eighth Amendment’s ban on cruel and unusual punishment . Justice Harry Blackmun explained a key conflict: • The Constitution requires clear and objective standards to prevent unfairness and discrimination. • At the same time, courts are expected to consider individual circumstances , such as mental illness or a difficult background.

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