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Chapter 11
SENTENCING AND SANCTIONS
Purpose of Criminal
Sanctions

Criminal Sanctions – A penalty
imposed for violating accepted
social norms. A sanction may be
civil or criminal in nature. Criminal
sanctions are either fine,
imprisonment, or both.
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Philosophies of
Punishment
1.
Deterrence
Incapacitation
3. Retribution
4. Rehabilitation
5. Restorative Justice
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Philosophies of
Punishment
1. Deterrence – to prevent future
crime. A painful experience should
deter recurring behavior.
 Corporal
 Public
Punishment (inflicting pain)
Punishment
 Sterilization
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Would deterrence work
on him?
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Philosophies of
Punishment
2. Incapacitation – remove from
society so criminals are prevented
from committing other crimes
 Banishment
 Transportation
(Convicts moved
somewhere else)
 Prison
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Philosophies of
Punishment
3. Retribution – punishment because
they deserve it. Many cases in a
similar fashion to the crime
committed.
 “an
eye for an eye”
 Death penalty – (Controversial)
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Philosophies of
Punishment
4. Rehabilitation – “cure” the offender
of criminal behavior
 Psychology,
medicinal/drug treatment,
self-esteem counseling, education
 Focus on juvenile crime
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Philosophies of
Punishment

5. Restorative Justice –
rehabilitating the victim to address
the damage done
 Restitution
 Community
 Mediation
criminals
Service
between victims and
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Sentencing
•
The jury determines guilt but the
judge sets the punishment.
•
Except in capital cases…. where a
jury is used in several states.
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Sentencing
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All criminal laws passed by state
legislature of U.S. Congress must specify a
range of punishments a judge can
impose.
Misdemeanor – maximum sentence
cannot exceed one year
Felony – maximum sentence of life
On average it takes over a year from
verdict to sentencing!!!!!
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Sentencing

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Pre-sentence Investigation Report –
to help judge decide best
sentence
 Previous
crimes and convictions
considered
 Employment,
considered
 Guilt,
family, and reputation
remorse, and cooperation
 Victim
impact statement allowed
sometimes
Look at the example
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Austin Myers - Ohio
https://www.youtube.com/watch?v=CLJQPF6UcyU
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https://www.youtube.com/watch?v=Iykahf4Php0
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https://www.youtube.com/watch?v=Mu2hq9C6vZQ
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Death Penalty – To be or
not to be?
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Informal Debate

Go to the criminal
justice class page.

Open the document
titled “Death Penalty
Discussion Worksheet”

Email me when
finished.
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