Sentencing, Appeals, and the death penalty

Chapter 9

Sentencing, Appeals, and

the Death Penalty

Crime in the United States

If a criminal defendant pleads guilty or is

found guilty by a judge or jury, then the judge

(or sometimes a jury) must impose a sentence.

Sentencing

Judges are limited by statutory provisions and guided by:

prevailing philosophical rationales

organizational considerations

presentence investigation reports

their own personal characteristics

Statutory Provisions

State and federal legislative bodies enact penal codes that specify appropriate

punishments for each statutory offense, or class of offense. Five types of punishments are used in the U.S.:

Fines

Probation

continued…

Statutory Provisions

Intermediate punishments (more restrictive than probation but less restrictive and costly than imprisonment)

Imprisonment

Death

Statutory Provisions

Judges in states that have indeterminate sentencingstatutes generally have more discretion in sentencing than do judges in states with determinate sentencinglaws.

indeterminate sentencingA sentence with a fixed minimum and maximum term of incarceration, rather than a set period.

determinate sentencingA sentence with a fixed period of incarceration, which eliminates the decision-making responsibility of parole boards.

Statutory Provisions

There are three types of determinate sentences: flat-time

mandatory

presumptive

Statutory Provisions

Flat-time sentencingdoes not include options for parole and good time.

Rarely used today

flat-time sentencingSentencing in which judges may choose between probation and imprisonment but have little discretion in setting the length of a prison sentence. Once an offender is imprisoned, there is no possibility of reduction in the length of the sentence.

Statutory Provisions

Mandatory sentencingusually allows credit for good time, but does not allow

release on parole.

Statutory Provisions

Presumptive sentencingis a compromise between legislatively mandated determinate and indeterminate sentences.

presumptive sentencingSentencing that allows a judge to retain some sentencing discretion, subject to appellate review. The legislature determines a sentence range for each crime. The judge is expected to impose the typical sentence, specified by statute, unless mitigating or aggravating circumstances justify a sentence below or above the range set by the legislature.

Statutory Provisions

In today’s “law and order” climate, state legislatures are increasingly replacing indeterminate sentences with determinate ones.

Philosophical Rationales

Historically, four major rationales have been given for the punishment imposed by the criminal courts:

Retribution

Incapacitation

Deterrence

Rehabilitation

Retribution

Although it has probably always played some role in sentencing decisions, retributionis now increasingly popular with the public as a rationale for punishment.