Textbook Notes (369,133)
United States (206,214)
CJ 110 (26)
Prof.Allen (19)
Chapter 9

Chapter 9 (book).odt

2 Pages
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Department
Criminal Justice
Course Code
CJ 110
Professor
Prof.Allen

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Chapter 9 (Class) • The five philosophies and goals of criminal sentencing: ◦ Retribution ◦ Incapacitation ◦ Deterrence ◦ Rehabilitation ◦ Restoration • Incapacitation forms the basis for the modern movement toward prison “warehousing” Unlike retribution, incapacitation requires only restraint, not punishment. • Specific deterrence seeks to reduce the likelihood of recidivism by convicted offenders, while general deterrence strives to influence the future behavior of people who have not yet been arrested and who may be tempted to turn to crime. • Rehabilitation generally works through education and psychological treatment to reduce the likelihood of future criminality. • Indeterminate sentencing has both a historical and philosophical basis in the belief that convicted offenders are more likely to participate in their own rehabilitation if participation will reduce the amount of time they have to spend in prison. • Guidelines for the model of presumptive sentencing differed from both determinate and voluntary/advisory guidelines in three respects: ◦ They were not developed by the state legislature but by a sentencing commission that often represented a diverse array of criminal justice and sometimes private interests. ◦ They were explicit and highly structured, typically relying on a quantitative scoring instrument to classify the offense for which a person was to be sentenced. ◦ They were not voluntary/advisory in that judges had to adhere to the sentencing system or provide a written rationale for departing from it. • Aggravating circumstances may include the possession of a weapon during the commission of a crime, the degree of criminal involvement, and extreme psychological injury to the victim. • Adefendant is a career offender if ◦ The defendant was at least 18 years old at the time of the offense ◦ The offense is a crime of violence or trafficking in a controlled substance ◦ The defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense • Approximately 90% of all federal sentences are the result of guilty please and the large majority of those stem from plea bargaining • Under the “three strikes law” a sentence of 25 years is required for three-time felons with convictions for two or more serious or violent prior offenses. Criminal offenders facing a “second strike” can receive up to double the normal sentence for their most recent offense and parole consideration is not available until at least 80% of the sentence has been
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