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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 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 Also called "deferred prosecution" Offenders must follow release conditions Advantages of diversion programs 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 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: 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 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 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 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 Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pretrial Service Programs 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) 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 Corrections: An Introduction, 2/e Seiter ©2008 Pearson Education, Inc. Pearson Prentice Hall Upper Saddle River, NJ 07458 Pre-sentence Investigation 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 Personal data Court information Release status Offense information Victim impact 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 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 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 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 Judicial form of sentencing–judges granted considerable discretion in sentencing decisions Administrative form of sentencing–grants considerable discretion to officials of the executive branch of government 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 Mandatory minimum sentences–for certain crimes there must be a sentence to prison for a set minimum term Three-strikes laws–third-time felons are sentenced to long periods of incarceration 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 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 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 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