Chapter 9 (Class)
• The five philosophies and goals of criminal sentencing:
• 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