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CHAPTER 9
PUNISHMENT AND SENTENCING
Learning Objectives
2. Describe the types of sentences judges can impose.
4. Explain how the system may treat wrongdoers unequally.
Lesson Plan
Correlated to PowerPoints
I. The goals of punishment
Learning Objective 1: Name the goals of punishment. Criminal sanctions in the
United States have four main goals:
o Retribution
A. Retribution
Punishment inflicted on a person who has infringed on the rights of others and so
deserves to be penalized
Since the late 1970s, retribution as a justification for the criminal sanction has
aroused new interest, largely because of dissatisfaction with results of rehabilitation
B. Deterrence
There are two types of deterrence:
General deterrence
Specific deterrence
C. Incapacitation
Deprives the ability of an offender to commit crimes against society by detaining
D. Rehabilitation
The goal of restoring a convicted offender to a constructive place in society
Was widely accepted as a goal from the 1940s to the 1970s
Most Americans still support at least the concept of rehabilitation
E. Restorative justice
PPT 5
PPT 6-8
PPT 9-
PPT 11
PPT 12-
13
Supporters would add restorative justice to the list of goals of the criminal justice
system
Class Discussion/Activity
Ask the class to discuss the four goals of punishment. Are the goals
mutually exclusive? Has the political and social climate over the past
twenty years affected the support of goals such as rehabilitation?
Media Tool
What If Scenario
What if your state decided to implement a restorative justice program for all first
time, non-violent offenders? Which program do you think should be implemented
and why?
II. Forms of the criminal sanction
Learning Objective 2: Describe the types of sentences judges can impose.
A. Incarceration
Imprisonment is the most visible penalty imposed by U.S. courts
1. Indeterminate sentence
Gives correctional and parole officials significant control over the amount of
2. Determinate sentence
See Assignments 2-4,
6
PPT 14-
PPT 17
PPT 18
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3. Mandatory sentence
4. The Sentence versus actual time served
a. Good time
Discretionary time that is awarded by prison officials that reduce the amount of
time served
b. Earned time
programs
5. Truth in Sentencing: laws that require offenders to serve a portion of their prison
sentence (i.e. 85% for violent crime) before being released on parole
B. Intermediate sanctions
Encompass a variety of punishments that less restrictive than incarceration
Less costly than incarceration
More restrictive than traditional probation
C. Probation
Over half of all adults under correctional supervision are on probation
Shock probation involves a short period of incarceration following by a period of
probation
D. Death
Over 3300 inmates sit on death row but less than 100 executions occur annually
Death penalty and the Constitution
o Furman v. Georgia (1972)
Continuing legal issues
o Execution of the mentally ill
o Effective counsel
Americans remain about evenly divided on support for the death penalty
Class Discussion/Activity
PPT 21
PPT 22
PPT 23-
25
PPT 26-
34
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There has been considerable debate over the past two decades concerning
Class Discussion/Activity
Have students list the types of indeterminate sanctions. Of the various types of
intermediate punishments, which makes the least sense to you? What do you feel is
needed to make it more acceptable?
What If Scenario
What if a friend of yours said that the criminal justice system should make
sentencing uniform across the country? How would you respond to that position?
What would you tell your friend in terms of who the criminal justice system
ates with regard to sentencing?
III. The sentencing process
Learning Objective 3: Identify the influences on sentencing.
Learning Objective 4: Explain how the system may treat wrongdoers unequally.
Judges ultimately hold responsibility for imposing sentences
Legislatures establish penal codes that set forth the sentences judges can impose
A. Administrative context of the courts
B. Attitudes and values of the judge
2.
Media Tool
Death Penalty Photography Documentary Project
http://www.deathpenaltyphoto.org/video.html
o Report from Death Penalty Photography
o Assignment:
Preview both videos on the process of an execution.
See Assignments 1-2,
5
–
6
PPT 35
C. Presentence report
Prepared by a probation officer for the court
Became widely used in the 1980s
E. Limits discretion by the judge in order to reduce disparity among sentences. Who gets
the harshest punishment?
F. Racial disparities
G. Wrongful convictions
Class Discussion/Activity
Divide the class into an even number of small groups, with half advocating
the freedom citizens are allowed in the US?
What If Scenario
What if it was your job to insure that the criminal justice system treats wrongdoers
equally? What would be your assessment of how the criminal justice system is
doing in this regard?
What If Scenario
Media Tool
PPT 38
PPT 39-
41
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Lecture Notes
The four major (and often conflicting) goals of criminal punishment in the United States
are 1) retribution, 2) deterrence, 3) incapacitation, and 4) rehabilitation. Historically, the
sentencing of criminals was primarily retributive and sought to punish the offender. As a result,
many of the sentences and methods of punishment were harsh. Prior to the Civil War, some
states still allowed corporal punishment.
Different approaches to sentencing reflect different assumptions about the goals of the
administrators to reduce the sentence of prisoners who live according to the rules and participate
in various vocational, educational, and treatment programs. Beginning in the late 1800s with the
early development of the scientific method and the social sciences, other alternative goals began
to emerge. Rehabilitation gained in popularity in the mid-1900s. Since the 1980s, sentencing
Key Terms
determinate sentence – A sentence that fixes the term of imprisonment at a specific period. (p.
295)
earned time – in educational or
other rehabilitation programs, and for work assignments, such as disaster relief and conservation
projects. (p. 296)
See Assignments 1, 6
intermediate sanctions – A variety of punishments that are more restrictive than traditional
probation but less severe and less costly than incarceration. (p. 297)
mandatory sentence – A sentence determined by statutes and requiring that a certain penalty be
imposed and carried out for convicted offenders who meet certain criteria. (p. 295)
presentence report – A report, prepared by a probation officer, that presents a convicted
restorative justice – Punishment designed to repair the damage done to the victim and
retribution – Punishment inflicted on a person who has harmed others and so deserves to be
penalized. (p. 289)
selective incapacitation – Making the best use of expensive and limited prison space by
targeting for incarceration those individuals whose incapacity will do the most to reduce crime in
society. (p. 291)
sentencing guidelines – A mechanism to indicate to judges the expected sanction for certain
Gregg v. Georgia (1976) – Death penalty laws are constitutional if they require the judge and
jury to consider certain mitigating and aggravating circumstances in deciding which convicted
murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a
punishment phase, and there must be opportunities for appeal. (p. 301)
McCleskey v. Kemp (1987) –
on grounds of racial discrimination. (p. 302)
Assignments
1. Beginning with Furman v. Georgia
intervention into the use of the death penalty. What is the current status of the death
penalty? Can states actually execute prisoners? How has the Court modified the
application of the death penalty since Furman? Cite some major Supreme Court rulings.
2. Restorative justice, which came about in the 1980s, is a relatively new idea in sentencing.
Do some research on restorative justice and describe its purpose and goals, as well as how
the process is carried out. Is restorative justice effective? How does the general public
3. Using the internet or other appropriate resources, locate public opinion data that addresses
four goals of punishment that are discussed in Chapter 9, which goal would be more
4. Can you think of certain kinds of crimes and potential offenders who may be most effectively
restrained through the deterrence approach? Are there other kinds of crimes and offenders who are
5. Kennedy v. Louisiana (2008) involved the case of a man who raped his 8 year old stepdaughter.
He was sentenced to death for this crime under a state statute that condoned this sentence. The US
Supreme court reversed and remanded this case. Based upon the particulars of this case, did the
state courts rule constitutionally? Did the US Supreme Court rule constitutionally? Would this
violate the 8th amendment? Why would this case be different if the defendant actually murdered
the victim? [LO 2]
6. Review Roper v. Simmons (2005). The defendant in this case was 17 year old Christopher
Simmons. He participated in a heinous murder that was premeditated and calculating. The jury
found him guilty and sentenced him to death. The US Supreme Court overruled and made it legal
precedent that anyone under the age of 18, during the commission of the crime, cannot be
sentenced to death. Was this the proper ruling on this case? Why? Do we have a different