PSC 153 Lecture Notes - Lecture 12: Mandatory Sentencing, Controllability, Prison Rape Elimination Act Of 2003
Document Summary
After a criminal is convicted, he/she must be sentenced, and an appropriate punishment must be determined. Subjective judgement different judges = different sentences. Race, gender, age of defendant affect sentences latinos, blacks, males, younger defendants receive harsher sentences than whites, females and older defendants. Young latino males have highest odds of incarceration. For drug/property crimes, prison is less likely for females. For violent crimes, prison is equally likely but shorter sentences for females. Judges required to sentence within pre-specified range for particular crime. Personal characteristics (age, intelligence, education, family relationships, drug addiction) are not considered. Judges not allowed to rely on common sense. Affirmed by us supreme court as advisory, not mandatory (us vs booker, 2005) Judges must consult guidelines but can deviate from recommended sentence by providing written rationale. Makes sense for violent crimes, less so for others. Criticized as expensive and unnecessarily severe long sentences for people aging out of crime.
