CRJ 106 Lecture Notes - Lecture 4: Sentencing Reform Act, Petit Jury, Bench Trial
Document Summary
February 13 and 15 lecture: chapter 5 and 16 sentencing. Petit jury: decisions of fact, juries verdict, judges sentence. Bench trial: judges verdict and sentence. Bifurcated trial: juries verdict and sentence. Sentences based on offenses of conviction and offenders" criminal history. Legitimate factors related to liability or culpability: aggravating circumstances enhancement of the factors that influence the committed crime (gang affiliated, past crimes, etc. , mitigating factors decrease the sentencing (minor, no previous criminal record) Illegitimate or extralegal factors: no reasonable bearing on crime or punishment. Nature of a crime may determine whether or not a factor is legitimate. Victim-offender dyad interaction of characteristics from the offender and the victim. Indeterminate sentences (ranged time period, e. g. 2-5 years: intended to facilitate rehabilitation. Determinate sentences (specific time period, e. g. 4 years: maximum sentence established by legislature or sentencing commission. Mandatory-minimum sentences: mandated period of incarceration for everyone convicted of a certain crime, major criticisms. Not all offenders are treated the same.