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 Unit Objectives:
At the completion of this unit the student will:
· Identify
and explain the five goals of sentencing.
· Discuss
the differences between 'indeterminate sentencing' and 'determinate'
sentencing; goals and objectives.
· Discuss
the changing role of the 'victim' in criminal proceedings.
· Describe
the new movements toward 'Three Strikes and You're Out' laws.
Unit Overview:
· Sentencing
The general five goals of sentencing are retribution, incapacitation,
deterrence, rehabilitation, and victim restoration. The models of sentencing
are indeterminate (one specific punishment for each type of crime) and
indeterminate (encourages rehabilitation since the inmate's behavior while
incarcerated determines the actual time served). The traditional sentences
are typically incarceration, fines, probation, and the death penalty.
Innovative new sentencing programs include split sentencing, shock
probation/parole/incarceration, intensive supervision, and home confinement.
· Victims
Generally victims of crimes have the following rights: (1) the right to be
informed by the appropriate law enforcement agency or the prosecuting
attorney of the date of trial and the date of sentencing of the case in which
the victim is involved; (2) the right to be notified that a sentencing
hearing or a court proceeding to which the victim has been subpoenaed will
not occur as scheduled; (3) the right to receive protection from harm and
threats of harm arising out of cooperation with law enforcement and
prosecution efforts, and to be provided with information as to the protection
available; (4) the right to be informed of the procedure to be followed to
apply for and receive any compensation under prescribed by law; (5) at the
request of the prosecution or a law enforcement agency, the right to
cooperate with the criminal justice process without loss of pay and other
employee benefits as prescribed by law and without interference in any form
by the employer of the victim of crime; (6) the right to obtain access to
immediate medical assistance and not to be detained for an unreasonable
length of time by a law enforcement agency before having medical assistance
administered; however, an employee of the law enforcement agency may, if
necessary, accompany the person to a medical facility to question the person
about the criminal incident if the questioning does not hinder the
administration of medical assistance; (7) the right to make a written or oral
statement for use in preparation of the presentence report of a felony
defendant; (8) the right to appear personally at the defendant's sentencing
hearing to present a written statement, and to give sworn testimony or an
unsworn oral presentation; and (9) the right to be informed by the
prosecuting attorney, at any time after the defendant's conviction, about the
complete record of the defendant's convictions.
Reading Assignment:
· Read
Chapter 9 (Sentencing).
Web Assignment:
· No Web
Assignment
Writing
Assignment:
· Answer
the following questions and email to your instructor:
- Describe
the five goals of contemporary criminal sentencing discussed in this
chapter. Which of these goals do you think ought to be the primary goal of
sentencing? How might your choice of goal vary with the type of offense?
In what circumstances might your choice be less acceptable?
- Illustrate
the difference between determinate and indeterminate sentencing. What
led some states to abandon indeterminate sentencing?
- What
is mandatory sentencing? How does it differ from indeterminate
sentencing? Why was mandatory sentencing created?
- Do
you support or oppose capital punishment? Outline the arguments on both
sides of the issue.
Go
to the textbook website (the link is at the bottom of the page). Once there,
go to the chapters located at the upper left hand corner of the page Chapter
Nine.
Complete the following:
· Click on the “Multiple-Choice” link. Complete the multiple choice quiz
·
Follow the instructions at the bottom of the page. Submit your answers for
grading, and email your results to my email address (jnewman@riohondo.edu ). I suggest that
you email a copy of the results to yourself as well.
Chapter
nine quiz
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