Unit 4: Sentencing and Punishment Standard 13: Students can construct an essay answering the following question: Which is the more important reason for punishment? Suffering for the guilty or the prevention of crime? Standard 14: Students can describe the purposes and process of sentencing and corrections.
Unit 4: Sentencing and Punishment. Standard 13: Students can construct an essay answering the following question: Which is the more important reason for punishment? Suffering for the guilty or the prevention of crime? - PowerPoint PPT Presentation
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Unit 4: Sentencing and PunishmentStandard 13: Students can construct an essay answering the following question: Which is the more important reason for punishment? Suffering for the guilty or the prevention of crime?
Standard 14: Students can describe the purposes and process of sentencing and corrections.
LT 14.1 Purposes of PunishmentI can infer which purpose of punishment applies to a specific scenario.
Retribution Punishment fits the crime Because the person
“deserves it” Satisfies needs of victims
and society Children and mentally
handicapped are not responsible for criminal action
Example: Death Penalty
Deterrence
Punishment prevents future crime
Sets example for other criminals
Discourages the convicted from committing more crimes
Problem: Low percentage of crimes result in sentencing
Incapacitation
Incarceration ensures criminals are not a danger to society
Example: Life sentence Problems:
Overcrowding in prisons Criminals may continue
activities after release
Rehabilitation
Criminals are removed from destructive environment and treated
Drug/Alcohol programs Prison chaplains Prison counseling Alternative sentences
(rehab, community service)
LT 14.2 Sentencing Time I can monitor for meaning as I look at examples of criminals who may not serve their full sentence term and I can question whether or not this is a problem.
Sentencing Time Indeterminate Sentencing:
judge sets min and max sentence, parole board reviews after min is reached. AKA: Judicial Discretion
Determinate Sentencing: term is predetermined and convict serves all of it minus “good time”
Good Time: time deducted from sentence for good behavior
Discussion Questions
What benefits might there be from criminals not serving their full sentence?
What problems occur because of criminals not serving their full sentence?
In for life, Out on Parole Articles
As you are reading, annotate the article. Monitor for meaning by underlining terms that we have discussed in class or that you do not fully understand.
For your article, describe the criminal(s) that is/are being considered for release due to indeterminate sentencing.
According to the article, what are some reasons that a criminal might be released?
Notebook Item 22Problems in the Corrections System
Keep an ongoing list throughout this unit. Add to it every time we discuss something or you think of something. I will try to remind you.
This will be EXTREMELY helpful for your project for STANDARD 16
LT 14.3 Factors of SentencingI can infer how circumstances can affect the sentencing decisions made by a judge or jury.
Forms of Punishment Capital (aka Death Penalty): 1st
degree murder only Imprisonment Probation – may include electronic
monitoring or house arrest Fines – when criminal is not a
threat to society Restitution and Community Service Apologies – for minor offenses or
juveniles
Factors of Sentencing Seriousness of crime: judge may
consider the conviction as well as the “real crime”
Mitigating Circumstances: factors that may justify a lighter sentence Ex: coercion, psychological
factors
Aggravating Circumstances: factors that may justify a harsher sentence Ex: prior record, use of weapon
Notebook Item 23 – Sentencing Factors
1. Draw a T-Chart in your notebook. On side label “Mitigating, on the other label Aggravating. Watch the following video and complete the chart by deciding
what factors in the Justin Bieber case could be mitigating and which could be aggravating.
Justin Bieber
2. Consult with a partner and recommend a sentence (assuming he is found guilty) for Bieber. Explain your recommendation.
Stage 1: The Criminal Trial – Guilty or Not Guilty Verdict
Stage 2 (if found Guilty): Sentencing Hearing Jury looks at mitigating
and aggravating circumstances
Decides execution or life in prison
Appeals Convicted criminals
have a right to appeal a verdict if due process was not followed Ex: jury was biased,
tainted evidence presented, counsel insufficient
State appointed appeals lawyers are often less affective
Habeas Corpus Petition to the court demanding
that the court hear claims that he/she is being held illegally.
Can only address constitutional issues, not technical errors.
Ex: Prisoner could say that the conditions of imprisonment are cruel and unusual and therefore unconstitutional, but not that DNA evidence would prove innocence.