Criminal Justice - Sentencing - Quick Guides

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Study GuideCriminal JusƟce–Sentencing1. Sentencing Statutes and GuidelinesCourts use different systems to decide how long offenders should be punished and where thatpunishment should take place. These systems are designed to balancefairness, public safety, andconsistency. However, each system has strengths and weaknesses.1.1 The Three Main Sentencing SystemsThere arethree major types of sentencing systemsused in the United States:1.Indeterminate sentencing2.Determinate sentencing3.Sentencing guidelinesThese systems sometimes overlap. For example,mandatory sentencesare a form of determinatesentencing but may also exist in states that use indeterminate sentencing or guidelines.1.2 The Problem of Sentencing DispariƟesOne major challenge in sentencing issentencing disparity. This happens when people whocommitthe same crime receive very different sentences.Research shows disparities are often linked to:•Race•Gender•Region•Socioeconomic statusThe Role of Race

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Study GuideMany studies show thatrace affects sentencing outcomes. A review of 38 studies found that racedirectly influences whether offenders are sent to prison or allowed to remain in the community—evenafter accounting for criminal history and seriousness of the crime.Other researchers argue race has anindirect effect, influencing:•Bail decisions•Type of attorney (public defender vs. private attorney)•Whether a case ends in a plea deal or trialResearch also shows thatthe 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 blackdefendants who kill black victims or white defendants who kill anyone.These disparities undermine the idea of“equal justice under the law.”1.3 Indeterminate SentencingIndeterminate sentencinggives judges flexibility. Legislatures set aminimum and maximumsentencefor each crime, and judges decide where the offender falls within that range.•If the sentence includes prison time, aparole boarddecides when the inmate can bereleased.•Release is based on behavior and rehabilitation progress.The Goal: RehabilitaƟonThis system is based on the idea that offenders can berehabilitated. Inmates are released once theyshow evidence of reform.•Good-time lawsreward inmates for good behavior by reducing sentence length.•Parole boards can release inmates after the minimum sentence is served.1.4 Effects of Indeterminate SentencingBenefits

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Study Guide•Encourages good behavior in prison•Helps reduce overcrowding•Allows individualized sentencingCriƟcisms•Many offenders are released early•Judges have too much discretion•Leads to inconsistent and unequal sentences1.5 Determinate SentencingIn the 1970s, confidence in rehabilitation declined. As a result, many states adopteddeterminatesentencing.Under this system:•Legislatures setfixed sentencesfor crimes.•Judges decide whether an offender goes to prison, butnot how longthe sentence will be.•Some offenders may still qualify for parole after serving part of the sentence.1.6 Effects of Determinate SentencingDeterminate sentencing:•Shifts power from judges to prosecutors•Increases the likelihood of prison sentences•Lengthens time served•Contributes to prison overcrowdingMost determinate systems require offenders to serveat least 85% of their sentence.•TheViolent Crime Control and Law Enforcement Act (1994)requires states to adopt thisrule to qualify for federal funding.

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Study Guide1.7 Mandatory SentencingAll 50 states havemandatory-sentencing lawsfor certain crimes, including:•Drunk driving•Crimes involving weapons•Drug offensesThese laws:•Remove judicial discretion•Prevent alternative punishments likeprobation•Increase prosecutors’ power because they control charging decisionsMandatory sentencing is popular with politicians because it appears“tough on crime.”1.8 Three-Strikes-and-You’re-Out LawsTo deal with repeat offenders, over25 states and the federal governmentpassedthree-strikeslaws.•After a third felony conviction, offenders may receivelife 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, raisingconcerns aboutproportionality1.9 Effects of Mandatory SentencingMandatory minimums often fail to work as intended.•A 1991 U.S. Sentencing Commission report found40% of federal offenders avoidedmandatory 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 andpredictability in punishment1.10 Sentencing GuidelinesBy 1998,17 states and the federal governmenthad adopted sentencing guidelines.Guidelines:•Use asentencing grid•Combine the seriousness of the crime with the offender’s criminal history•Reduce judicial discretionFederal Sentencing GuidelinesPassed in 1984, these guidelines:•Eliminated parole for federal prisoners•Limited early release for good behavior•Required judges to follow strict rulesJudges may depart from guidelinesonly for special reasons, and they must explain those decisionsin writing.1.11 Effects of Sentencing GuidelinesAdvantages•Reduce sentencing disparities•Promote consistency and fairness•Ensure serious crimes receive harsher punishment

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Study Guide•Helpreserve prison space for serious offendersCriƟcismsNot all guidelines work equally well.•Federal guidelines assume prison is the best punishment for most crimes.•Manynonviolent offendersare incarcerated when community alternatives would be cheaperand more effective.•Guidelines were created without recognizing thatprison space is limited and expensive.As a result:•Federal prison populations have grown rapidly•Taxpayers bear the cost of building and maintaining new prisons2. Should theDeath Penalty Be Abolished?Few topics in criminal justice create as much debate as thedeath penalty, also calledcapitalpunishment. Many Americans support it, yet strong legal, moral, and practical arguments suggest itshould be abolished. Understanding both sides helps explain why this issue remains so controversial.2.1 Arguments for Abolishing the Death PenaltyCritics of capital punishment raise several important concerns.1. The Death Penalty Is ArbitraryOpponents argue that the death penalty is appliedinconsistently, which violates theEighthAmendment’s ban on cruel and unusual punishment.JusticeHarry Blackmunexplained a key conflict:•The Constitution requiresclear and objective standardsto prevent unfairness anddiscrimination.•At the same time, courts are expected to considerindividual circumstances, such as mentalillness or a difficult background.

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