quiz 38 Qs
Jude55
SentencingandThreeStrikes.pptxSentencing and Three Strikes Legislation
Nonprison Sentences
Traditional Fines
Day Fines
Fees
Forfeiture
Civil
Criminal
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Types of Prison Sentences
Four types of sentences can be identified
Indeterminate sentencing
Judge has authority to set the sentence
Parole board decides release date
Determinate sentencing
Judge hands down fixed sentence that can't be altered by the parole board
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Types of Prison Sentences
Four types of sentences can be identified
Mandatory sentencing
Takes discretion from judge and parole board
Sentence enhancements
Increases one's prison term because of certain circumstances and according to law
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Prison Sentences without Regard to Sentence Length
Selective incapacitation
Like preventive detention, tough to predict
Civil commitment
Mostly for sex offenders
Double jeopardy concerns
More prisoners, less crime?
Unclear
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Supermax Prisons
Today, the United States has at least 57 supermax prisons that house around 20,000 inmates
These prisons have been criticized on humanitarian grounds.
Our concern is with whether supermax prisons are effective
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Does Sentence Length Matter?
Some people think that longer prison terms will lead to less crime
Evidence is mixed
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Does Sentence Length Matter?
Different types of criminals
Aberrations
Low-rate offenders who eventually stop
Low-rate offenders who never stop
Serious offenders who eventually stop
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Does Sentence Length Matter?
Different types of criminals
Serious offenders who never stop
Offenders who will commit more and more crime over time and eventually stop
Offenders who will commit more and more crime over time and never stop
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Can Incarceration Cause Crime?
Conventional thinking leads us to believe that increased incarceration will reduce crime
What if the opposite is true? How could it be so?
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Can Incarceration Cause Crime?
Six reasons why incarceration may increase crime
Shared information in prison
Frustrations from being in close quarters with others
Violent experiences brought back to the community upon release
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Can Incarceration Cause Crime?
Six reasons why incarceration may increase crime
Unpleasant prison experience enrages offenders
Stigmatizing effect of prison
Families deprived of primary breadwinner
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Determinate Sentencing
Determinate sentencing consists of sentencing offenders to prison for a fixed period of time with no parole
Why determinate sentencing?
Stems from a belief that parole boards have too much discretion
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Determinate Sentencing
There are several types of determinate sentencing laws
Some provide time off for good behavior
Judges' discretion restricted in various ways
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Hydraulic Displacement of Discretion
Taking discretion away from one criminal justice actor may just give it to someone else
More research is necessary to determine whether determinate sentencing has displaced discretion
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Impact of DSLs on Prison Populations
Have determinate sentencing laws (DSLs) led to an increase in the number of people incarcerated?
Six studies show increases
Five show no increase or decreases
What can we conclude?
No one knows for sure whether DSLs have increased or decreased prison populations
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Impact of DSLs on Crime
Do Determinate Sentencing Laws affect crime?
One study (apparently the only study) found basically no effect of such laws on crime
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Sentence Enhancements
Sentence enhancement laws provide for longer prison terms for
Specific offenses
Crimes committed with specific motivations
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Sentence Enhancements
Two varieties of sentence enhancement laws have received most of the attention
Enhancements for crimes committed with drugs
Enhancements for hate-motivated offenses
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Sentence Enhancements for Guns
Firearms sentence enhancement (FSE) laws mandate minimum sentence or an extra prison term for various types of gun violence
FSE laws are not gun control and are viewed favorably by the pro-gun lobby
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FSEs and Deterrence
The assumption is that FSE laws have a deterrent effect
At least one person has challenged this argument
Robberies with guns are more lucrative than robberies committed without guns, so more robberies could result if offenders fear FSE laws
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FSEs and Deterrence
At least one person has challenged this argument
Robbers may commit more homicides to avoid apprehension
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FSEs and Incapacitation
If Firearm Sentence Enhancement laws don't have a deterrent effect, they may reduce crime through incapacitation
Is an "incapacitative" effect on crime possible?
Some say no because
Laws must result in apprehension, prosecution, conviction, and sentencing of criminals
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FSE Research
Researchers have looked at the effects of individual FSE laws on crime
Several studies of laws in MA and Arizona show reductions in crime
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FSE Research
The problem?
Difficult to isolate the effect of the laws vis-à-vis overall declines in gun violence during the same period
Multisite Research
Researchers have also compared crime rates in FSE and non-FSE states
Two studies show no effect of such laws on crime
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Mandatory Sentencing
Mandatory sentencing all but eliminates judges' discretion and refers to either
Minimum sentence
Mandatory sentence (i.e., fixed length)
A life of their own?
The public favors proportionate punishment
Little evidence that the public favors
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Mandatory Sentences for Drug Offenders
Most of the controversy surrounding mandatory sentences for drug offenders stems from the Federal Sentencing Guidelines
The Guidelines have been criticized because
Potential for racially disparate sentencing outcomes (studies show race does influence sentencing)
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Public Defenders
Three-Strikes Legislation
State of Washington was the first to pass a three-strikes law
Other states quickly followed
Three-strikes laws vary considerably from state to state
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Three-Strikes Legislation
California's is most controversial
Passed by initiative
Any third felony provides for life in prison
Also contains a two-strikes provision
The disparity of states such as California creates an atmosphere that reflects a “crap shoot” rather than a uniform concept
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Three Strikes: To Deter or Not Deter
Is three-strikes intended to deter?
Some say yes
Others say no because of how few offenders are sentenced under three-strikes
Who cares?
If three-strikes isn't intended to act as a general deterrent, then its effects on crime will be difficult to detect
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Three Strikes: Variations in Enforcement
Crime policies are not applied equally all of the time, in all places, to all offenders
It is therefore necessary to examine the frequency with which laws are applied
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Three Strikes: Variations in Enforcement
Who cares?
If three-strikes laws aren't applied frequently, then they won't reduce crime
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Three Strikes: The Supporters
Supporters of three-strikes argue that such laws
Lock away serious criminals
Deter additional crimes
Reduce crime because of the crime declines of the 1990s that coincided with the passage of three-strikes laws
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Three Strikes: The Critics
Critics feel that three-strikes
Can only have a specific deterrent effect
Is quite costly
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Three Strikes: The Research
Gendreau, Goggin, and Cullen (1999)
The longer offenders were in prison the more likely they would recidivate
Marvell and Moody (2001)
Increase in homicides
Occurred in almost all the states with Three Strikes laws
Marvell, Moody, and Kaminski (2002)
Rise of police homicides.
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Three Strikes: The Research
Austin et al (1999)
Appears that Three Strikes laws increase criminal offending
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Issues
Increase in life sentences
Consequences of Aging Inmates
Mare expensive to house
“Aging out” of crime.
Illnesses and age – related medical problems
Most states tend to avoid use
Repeat offenders should not be released prematurely.
What is the original purpose of the law?
