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Chapter 2
Sentencing and the
Correctional Process
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Introduction
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Sentencing–imposition of a criminal
sanction by a judicial authority
Felony–offense punishable by a year or
more of incarceration
Misdemeanor–crime punishable by less
than a year
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pre-Trial
Correctional Activities

Diversion from the criminal justice system
 Pre-trial diversion–suspension of
criminal process while offender is
provided a chance to participate in
treatment programs
 Occurs without a finding of guilty
 Usually used for minor offenders or those
with no prior record
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Diversion from the
Criminal Justice System
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Also called "deferred prosecution"
Offenders must follow release conditions
Advantages of diversion programs
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Reduce demands on courts
Less costly than criminal justice processing
Offenders avoid stigma of criminal
conviction
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pretrial Diversion
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The suspension of criminal process while
the offender is provided the chance to
participate in treatment programs and void
further criminal activity
Also referred to as deferred prosecution or
probation without adjudication
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pre-trial Diversion
Three advantages:
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They reduce the demands on the court and
prosecutors to process the case as a criminal
activity
They cost considerably less than criminal
justice processing
Offenders avoid the stigma associated with
a criminal conviction
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pre-trial Detention in Jail
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Offenders are detained if considered a
flight risk in order to assure appearance
in court
Detained if considered dangerous
Preventive detention–detaining the
accused in jail to protect the community
from crimes offender is likely to commit
if released
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Preventive Detention
 1984 Comprehensive Crime Control Act
officially authorized preventative
detention
 Criticized for violating due process rights
 Strong correlation between being denied
bail and conviction
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Release from Pre-trial
Detention on Bail
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At first appearance bail is considered.
 bail–the
pledge of money or property in
exchange for promise to return to further
court proceedings.

History of bail traced to medieval
England when jails could not hold
offenders for long periods of time.
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Release from
Pre-trial Detention on Bail

Third parties would offer themselves
or money as surety (a person legally
liable for conduct of another)
 Criticisms of bail
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Corrections: An Introduction, 2/e
Seiter
Discriminates against the poor
“Freedom has to be bought”
Financial resources not related to risk
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Alternatives to Bail
Summons–used mainly with misdemeanors
 Bond options for felonies
Personal recognizance
 Unsecured bond
 Percentage bond
 Surety bond
 Collateral
 Third-party custody
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Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pretrial Service Programs
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Release on recognizance (ROR)–most
frequent release mechanism
Manhattan Bail Project–assist judges in
identifying people who were good candidates
for ROR
Supervised pre-trial release programs (SPTR)
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Gave chance for release for those that were poor
candidates for other release mechanisms
Response to concern for the public
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The Role of Plea Bargaining
and Sentencing

Plea bargaining–agreement of the
defendant to enter a plea of guilty in
exchange for a reduced sentence
 Function of the prosecution and court
system, but has implications for
corrections and sentencing process
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pre-Sentencing
Correctional Activities

Pre-sentence investigation–report detailing
background of offender used in
decisionmaking process of sentencing
 Prepared by probation officer
 Usually completed only on felony
offenders
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Purposes of the PSI
Used in sentencing court
 Determining supervision needs of offender
 Used by prison officials in classification
and program needs
 Used by parole board in making release
decisions
 Research purposes
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Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Pre-sentence Investigation
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Collecting Information for the PSI
 Interview the offender
 Information verified by probation officer
 Interview others such as parents and
spouses
 Search official records (police reports,
military records, witness statements)
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Contents of PSI
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Personal data
Court information
Release status
Offense information
Victim impact
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Corrections: An Introduction, 2/e
Seiter
Criminal history
Offender
characteristics
Financial information
Sentencing options
Recommendations
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
The Sentencing Decision
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Penal code–a statute passed by legislature
listing range of sanctions allowable for each
crime
Sentencing options
Economic sanctions
Intermediate sanctions
Probation
Short-term confinement
Imprisonment
Capital punishment
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Sentencing Options
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Concurrent sentences–assigned to run at the
same time
Consecutive sentences–run one after another
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Sentencing Models
Indeterminate sentencing–judges set a
minimum and maximum time, with release
authority or parole board deciding when
offender is released
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Sentencing Models
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Determinate sentencing–sentences of fixed
terms
 Good time–concept used in early reform
of determinate sentences; time off for good
behavior
 Truth in sentencing–must complete 85%
of the sentence before eligible for release
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Judicial Discretion in Sentencing
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Judicial form of sentencing–judges granted
considerable discretion in sentencing
decisions
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Administrative form of sentencing–grants
considerable discretion to officials of the
executive branch of government
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Legislative form of sentencing–grants most
of discretion to legislative branch of
government
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Judicial Discretion in Sentencing
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Mandatory minimum sentences–for
certain crimes there must be a sentence to
prison for a set minimum term
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Three-strikes laws–third-time felons are
sentenced to long periods of incarceration
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Presumptive sentencing–predetermined
range of a minimum, average, and
maximum term for a specific crime
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Sentencing Guidelines
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Sentencing guidelines–A system of
structured sentences, based on measures of
offense severity and criminal history, that is
used to determine the length of the term of
imprisonment
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Combine both minimum mandatory and
presumptive sentencing approaches
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458
Drug Courts:
A Creative Sentencing Option
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Philosophy is not to punish but to change
behavior
Offenders usually diverted from traditional
criminal processing
Preliminary evaluations show some success
in reducing drug use
Corrections: An Introduction, 2/e
Seiter
©2008 Pearson Education, Inc.
Pearson Prentice Hall
Upper Saddle River, NJ 07458