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AMERICAN CORRECTIONS

Twelfth Edition

Chapter 4

Contemporary Punishment

Learning Objectives

Discuss the goals of punishment.

Identify the different forms of the criminal sanction.

Explain how different factors affect the sentencing process.

Discuss the problem of unjust punishment.

The Purpose of Corrections (1 of 11)

Three elements, according to Herbert Packer:

An offense

The infliction of pain because of the commission of the offense

A dominant purpose that is neither to compensate someone injured by the offense nor to better the accused individual’s condition, but to prevent further offenses or to inflict what is thought to be deserved pain on the accused individual

Learning Objective 1: Discuss the goals of punishment.

The Purpose of Corrections (2 of 11)

Retribution (Deserved Punishment):

Punishment inflicted on a person who violated a criminal law. The severity of the sanction should fit the seriousness of the crime.

Underlying philosophy

“Eye for an eye, tooth for a tooth”

The Purpose of Corrections (3 of 11)

Retribution (Deserved Punishment)

Pay their debts

Focuses on the offense alone

Accused individuals penalized for wrongful acts

Retribution lost influence during Age of Reason

Since late 1970s has aroused new interest

Dissatisfaction with the philosophical basis and practical results of rehabilitation

The Purpose of Corrections (4 of 11)

Deterrence:

General deterrence

Punishment of accused individuals that is intended to be an example to the general public and to discourage the commission of offenses by others.

For general deterrence to be effective, the public must be continuously reminded of the potential severity of punishments.

Specific deterrence (special or individual deterrence)

Punishment inflicted on accused individuals to discourage them from committing future crimes.

Punishment must be sufficiently severe to help the accused individuals understand the consequences of their actions.

Discussion Question (1 of 3)

Can you think of an example of a policy or law that you are familiar with that is based on general or specific deterrence? If so, please provide and discuss.

The Purpose of Corrections (5 of 11)

Deterrence

Assumes that all people act rationally and think before they act

Ignores effects of drugs or alcohol and psychological (mental) illness

Low probability of being caught defeats deterrence philosophy

The Purpose of Corrections (6 of 11)

Deterrence

Punishment must be perceived as:

Fast

Certain

Severe

Difficult to measure results of deterrence, as only those who are actually deterred come to the attention of social scientists.

The Purpose of Corrections (7 of 11)

Incapacitation:

Depriving an accused individual of the ability to commit crimes against society, usually by detaining the accused individual in prison.

Banishment was early form of incapacitation.

Any type of sentence that physically restricts an accused individual can have an incapacitating effect.

Focuses on characteristics of the accused individuals instead of characteristics of the offense.

The Purpose of Corrections (8 of 11)

Incapacitation

Selective incapacitation: Making the best use of expensive and limited prison space by targeting for incarceration those accused individuals (e.g., career criminals) whose incapacity will do the most to reduce crime in society.

Policy makers tend to focus on cost-benefit comparisons, disregarding issues of:

Justice

Individual freedom

Civil liberties

Discussion Question (2 of 3)

What are the ethical considerations/implications of selective incapacitation policies?

The Purpose of Corrections (9 of 11)

Rehabilitation:

The goal of restoring an accused individual to a constructive place in society through some form of vocational or educational training or therapy.

Goal is oriented solely toward the accused individual.

Severity of punishment and gravity of crime not related.

Accused individuals “treated,” not punished.

Since the 1970s, we have questioned whether or not we really know how to reform accused individuals.

The Purpose of Corrections (10 of 11)

Rehabilitation

Indeterminate sentences

Recently, some have abandoned concept of rehabilitation goal in favor of:

Retribution

Deterrence

Incapacitation

The Purpose of Corrections (11 of 11)

New Approaches to Punishment

Restoration

Views crime as more than a violation of penal law but as a breaking down of trust in the community

Requires that the community determine how to communicate to the accused individuals the implications of their wrongdoing

Aim of criminal justice system should be to repair harm done

Programs involve the accused individuals, the victim, and the community

Table 4.1 Hypothetical Punishments for Ellis Rollins

Goal	Judge’s Statement
Retribution	I am imposing this sentence because you deserve to be punished for indecent exposure and disorderly conduct. Your criminal behavior in this case is the basis for your punishment. Justice requires me to impose a sanction that reflects the value the community places on right conduct.
Deterrence	I am imposing this sentence so that your punishment for indecent exposure and disorderly conduct will serve as an example and deter others who may contemplate similar actions. In addition, I hope that the sentence will deter you from ever again commiting such an act.
Incapacitation	I am imposing this sentence so that you will be unable to violate the law while under correctional supervision. You do not appear likely to commit a similar offense in the future, so selective incapacitation is not warranted.
Rehabilitation	The trial testimony of the psychiatrists and the information contained in the presentence report make me believe that aspects of your personality led you to violate the law. I am therefore imposing this sentence so that you can be treated in ways that will rectify your behaviour so you will not break the law again.

Forms of the Criminal Sanction (1 of 12)

Incarceration:

Most visible penalty imposed by U.S. courts.

In 2015 about 1.48 million Americans were in federal and state prisons.

Three basic sentencing structures:

Indeterminate sentences

Determinate sentences

Mandatory sentences

Learning Objective 2: Identify the different forms of the criminal sanction.

Forms of the Criminal Sanction (2 of 12)

Indeterminate sentence:

A period of incarceration with minimum and maximum terms stipulated so that parole eligibility depends on the time necessary for treatment; closely associated with the rehabilitation concept.

Forms of the Criminal Sanction (3 of 12)

Determinate sentence:

A fixed period of incarceration imposed by a court; associated with the concept of retribution or deserved punishment.

Presumptive sentence:

A sentence for which the legislature or a commission sets a minimum and maximum range of months or years; judges are responsible for setting the length of the sentence within that range, allowing for special circumstances.

Forms of the Criminal Sanction (4 of 12)

Mandatory sentence:

A sentence stipulating that some minimum period of incarceration must be served by people convicted of selected crimes, regardless of background circumstances.

Most often specified for:

Violent crimes

Drug violations

Habitually accused

Crimes with a firearm

Forms of the Criminal Sanction (5 of 12)

“Three strikes and you’re out”

Little impact on reducing rates of serious crime.

Sentence versus actual time served:

Good time:

A reduction of an incarcerated individual’s prison sentence, at the discretion of the prison administrator, for good behavior or for participation in vocational, educational, and treatment programs.

Forms of the Criminal Sanction (6 of 12)

Truth-in-Sentencing:

Laws that require accused individuals to serve a substantial proportion of their prison sentence before being released on parole.

Three goals:

Providing the public with more accurate information about the actual length of sentences.

Reducing crime by keeping accused individuals in prison for longer periods.

Achieving a rational allocation of prison space by prioritizing the incarceration of particular classes of accused individuals.

Forms of the Criminal Sanction (7 of 12)

Intermediate Sanctions:

A variety of punishments that are more restrictive than traditional probation but less severe than incarceration.

Fines

Home confinement

Intensive probation supervision

Restitution to victims

Community service

Boot camp

Forfeiture

Forms of the Criminal Sanction (8 of 12)

Probation:

A sentence allowing the accused individual to serve the sanctions imposed by the court while he or she lives in the community under supervision

56.2% of adults under correctional supervision are on probation

Not extended to accused individuals as a right

Conditions set forth on how an accused individual is to behave

Forms of the Criminal Sanction (9 of 12)

Probationers may be ordered to:

Undergo regular drug tests

Abide by curfews

Enroll in educational programs

Remain employed

Stay away from certain parts of town or certain people

Meet regularly with probation officers

Forms of the Criminal Sanction (10 of 12)

Shock probation:

Sentence in which the accused individual is released after a short incarceration and resentenced to probation

Probation generally advocated for rehabilitating accused individuals whose crimes are less serious or who have clean prior records

Viewed as less expensive and more effective than imprisonment

Forms of the Criminal Sanction (11 of 12)

Death:

Number of people facing death penalty increased dramatically for over two decades. In the last few years, though, this increase has leveled off.

In 2016, 2,905 people awaited execution.

Over half of those awaiting execution are in the South.

Number of executions carried out in the United States annually has dropped from 52 to 20 between 2009 and 2016.

Discussion Question (3 of 3)

What do you consider to be some of the reasons for the decline in the death penalty’s use in recent years?

Figure 4.2 People Under Sentence of Death and People Executed, 1977–2016

THIS IS

Forms of the Criminal Sanction (12 of 12)

Forms and Goals of Sanctions:

More attention toward “invisible punishments”

Termination of parental rights

Felony conviction as grounds for divorce

Barring accused individuals from public welfare programs and benefits

Denying accused individuals the right to vote (e.g., felon disenfranchisement)

Estimated that there are 5.85 million Americans who are not allowed to vote due to felony record

The Sentencing Process (1 of 7)

Factors that influence the sentencing process:

The administrative context of the courts

The attitudes and values of judges

The presentence report

Sentencing guidelines

Learning Objective 3: Explain how different factors affect the sentencing process.

The Sentencing Process (2 of 7)

The Administrative Context:

Misdemeanor court

Hear 90 percent of criminal cases

Only minority of cases end in jail sentences

Judicial decisions mass produced

Most cases result in:

Fines

Probation

Community service

Restitution

Combination of above

The Sentencing Process (3 of 7)

Felony Courts

Atmosphere more formal and lacks the chaotic, assembly-line environment of misdemeanor courts

Exchange relationships facilitate plea bargains

Sentencing decisions shaped by relationships, negotiations, and agreements among:

Prosecutors

Defense attorneys

Judges

The Sentencing Process (4 of 7)

Attitudes and Values of Judges:

Blameworthiness of accused individual:

Offense severity

Criminal history

Role in commission of crime

Practicality of sentence

Impact of accused individual’s family

The Sentencing Process (5 of 7)

The Presentence Report:

Report prepared by a probation officer, who investigates an accused individual’s background to help the judge select an appropriate sentence.

Also investigates accused individual’s job status and mental condition.

Assists in classification of probationers, incarcerated individuals, and parolees for treatment planning and risk assessment.

The Sentencing Process (6 of 7)

Sentencing Guidelines:

Adopted by many state and federal courts since the 1980s

Range of sentencing options allows for the seriousness of the crime and the criminal history of the accused individual to be considered

The accused individual receives a score that dictates to the judge at what place on the grid (e.g., sentence length range) their sentence should be imposed

Shifts discretion from judge to prosecutor

The Sentencing Process (7 of 7)

The Future of Sentencing Guidelines:

United States v. Booker (2005)

The Supreme Court returned much of the discretion back to the judges

Stated that sentencing guidelines should be discretionary rather than mandatory

Unjust Punishment (1 of 2)

Sentencing Disparities:

Divergence in the lengths and types of sentences imposed for the same crime or for crimes of comparable seriousness when no reasonable justification can be discerned.

Discrimination occurs when criminal justice officials either directly or indirectly treat someone differently because of their race, ethnicity, gender, or class.

Average prison term for white accused individuals is 58 months, compared to 63 months for accused African American individuals.

Learning Objective 4: Discuss the problem of unjust punishment.

Unjust Punishment ( 2 of 2)

Wrongful Convictions

Occurs when an innocent person is found guilty by either plea or verdict

349 convicted persons have been exonerated by DNA evidence

Why do wrongful convictions occur?

Eyewitness error

Unethical conduct by police/prosecutors

Community pressure

False accusations

Inadequacy of counsel

Plea-bargaining pressures