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Chapter 9: Sentencing
CJ 300 Crime, Law, and Justice,

Dr. Michael Braun
CJ2014 Copyright © 2015 by Pearson Education, Inc.

James A. Fagin All Rights Reserved
CHAPTER OUTCOMES
9.1 Describe the purpose of sentencing.
Explain how the criminal justice system sentences

9.2 the offender who claims to be mentally ill.
Identify the factors that can influence whether the defendant

9.3 receives a fair sentence, including the role and process of
the presentence investigation and sentencing hearing.
Describe the various sentencing models and explain their

9.4 influence on the sentence.
Summarize the challenges to the death penalty sentence, and explain how
9.5 U.S. Supreme Court rulings have affected the death penalty sentence.

Learning Objective
After this lecture, you should be able to complete the following Learning Outcomes
9.1 Describe the purpose of sentencing.

9.1 The History of Sentencing
• The history of punishment in the United States is rooted in economic

sanctions, corporal punishment, and death.
• Historically, punishments in England and the American colonies

consisted primarily of fines, restitution, ordeals, corporal
punishment, and torture.
• Criminals who could not afford to pay the fines or restitution

imposed on them could be sold into economic servitude, a form of
slavery, to pay the fines.
• Corporal punishment included whipping, branding, dunking,

confinement to the stocks or pillories, and other pain-inflicting
rituals.
9.1 The Purpose of Sentencing
Deterrence Incapacitation Retribution
Restorative
Rehabilitation Justice

9.1 Deterrence
• Deterrence is the philosophy and practices that emphasize

making criminal behavior less appealing.
• Punishments based on deterrence include economic

sanctions, corporal punishment, and threat of bodily harm,
all of which are based on the premise that people seek
pleasure and avoid pain.

9.1 Deterrence
General Deterrence
Specific Deterrence The concept based on the
When an individual who has logic that people who witness
committed a crime is vs. the pain suffered by those
deterred from committing who commit crimes will
that crime in the future by want to avoid that pain and
the nature of the punishment will refrain from criminal
activity

9.1 Incapacitation
The theory of incapacitation assumes that offenders cannot be

rehabilitated and it will never be safe to release them back into
society.
Two of the oldest forms of incapacitation are banishment and

transportation:
•Banishment removed offenders from society, often under the

stipulation that if they returned, they would be put to death.
•Transportation removed offenders from society by literally
moving them to another place.

9.1 Retribution and Rehabilitation
Retribution Rehabilitation
Deterrence based on the premise
Deterrence based on the premise
that criminals should be that criminals can be "cured" of
punished because they their problems
deserve it and criminality and can be
returned to society

9.1 Restorative Justice
A model of deterrence that uses restitution

programs, community work programs,
victim-offender mediation, and other strategies not
only to rehabilitate the offender, but also to
address the damage done to the community and the
victim.

Learning Objective
Explain how the criminal justice system

9.2 sentences the offender who claims to be
mentally ill.

9.2 Mentally Ill Offenders
Not
Not Guilty
Guilty by
by Civil
Civil Guilty
Guilty But
But
Legally
Legally Sane
Sane Reason
Reason ofof Commitment
Commitment Mentally
Mentally
Insanity
Insanity Examination
Examination Ill
Ill
An assumption A verdict by which A determination of A new type of

that a defendant the jury finds that a whether the verdict in which the
knows right from defendant defendant should be jury finds a
wrong and that his committed the released or confined defendant mentally
or her crime but was to an institution for ill but sufficiently
behavior was insane people with mental aware to be morally
willful illness responsible for his
or her criminal acts

9.2 Insanity Defense Reform Act of 1984
In federal courts, the defendant found not guilty by

reason of insanity must undergo a civil commitment
examination within 40 days of the verdict.

Learning Objective
Identify the factors that can influence

whether the defendant receives a fair
9.3 sentence, including the role and process of
the presentence investigation and
sentencing hearing.

9.3 A Fair Sentence
The following six major factors may have a significant impact on

the fairness of a sentence:
Legislation
Legislation Defense
Defense Presentence
Presentence
The
The Judge
Judge Prosecutor
Prosecutor Juries
Juries
(Laws)
(Laws) Attorney
Attorney Investigator
Investigator
If a law is unfair, Selection of incompetent Prosecutorial Overburdened public A biased jury could Inaccurate reports
unconstitutional or or biased judges, misconduct can result defenders unable to make unfair decisions resulting in
discriminatory, it can criminal misconduct in in wrongful provide adequate based on emotion or recommendations for
lead to loss of respect judicial decisions, abuse prosecution of representation could prejudice. Biased sentence lengths that
of powers, & biased result in innocent
for the law, and civil defendants, guilty jurors can be removed are excessive or
decisions can result in defendants failing to
and violent protest defendants escaping using the voir dire insufficient.
wrongful convictions, receive a fair trial,
against the law. verdicts based on justice, and the public wrongful convictions, & process, which is the
bribery, and distrust of seeing the criminal innocent defendants questioning of
the courts. justice system as spending unnecessary potential jurors to
biased and unfair. pretrial time in jail. determine whether
they have biases.

9.3 A Fair Sentence
The presentence investigation is based on the assumption that

the defendant is guilty, the protests of a wrongfully
convicted defendant will be held against the defendant, and
the defendant will be seen as being uncooperative and
unwilling to take responsibility for his or her actions.

9.3 Presentence Investigation Report
• A presentence investigation involves an in-depth interview

and investigation into the background of a convicted
defendant and the impact of his or her crime on victims and
the community results in a presentence investigation report
with recommendations for specific sanctions.
• The presentence investigator is a person who works for the

court and has the responsibility of investigating the
background of the convicted offender and the circumstances
surrounding the offense.

9.3 Presentence Investigation Report
• The judge sets a date for a sentencing hearing, at which the

prosecution and the defense have the opportunity to critique
the recommended criminal sanctions.
• The judge also may allow victim impact statements at the

presentence hearing, in which victims of the crime have a
chance to influence sentencing.

Learning Objective
Describe the various sentencing models and

9.4 explain their influence on the sentence.

9.4 Determinate vs. Indeterminate Sentencing
Indeterminate Determinate
•A model of sentencing in •A model of sentencing in
which judges have nearly which the offender is
complete discretion in vs. sentenced to a fixed term of
sentencing an offender incarceration
•Sentences vary from judge to •The term can be reduced by

judge parole or good behavior

9.4 Mandatory and Habitual Offenders
• Mandatory sentencing is legislation that provides a fixed

sentence for offenders found guilty where the judge has no
discretion in sentencing (usually used for certain crimes such
as those involving firearms and drugs).
• Habitual offender laws are similar to mandatory sentencing

in that legislation specifies a period of incarceration on a
finding of guilt with no discretion given to the judge to alter
the sentence (it applies only to repeat offenders).

9.4 Mandatory and Habitual Offenders
•In sentencing guidelines, crimes are classified according to

seriousness, and a range of time is mandated for crimes within
each category.

9.4 Presumptive Sentencing
Aggravating Mitigating
Factors:
Factors Factors:
Increase the Considered Show remorse or
seriousness of by the Judge responsibility
punishment
Presumptive sentencing is a structured sentencing model that attempts

to balance sentencing guidelines with mandatory sentencing and at the
same time provide discretion to the judge.

Learning Objective
Summarize the challenges to the death

penalty sentence, and explain how U.S.
9.5 Supreme Court rulings have affected the
death penalty sentence.

9.5 The Death Penalty
• Capital punishment —the death penalty—can be traced

back to the earliest records of human history.
• In English common law, the roots of the American system

of justice, even minor thefts could be punished by death,
and the prisoner could be tortured in the process.

• Those universally opposed to the use of capital punishment

are called abolitionists.
• A bifurcated trial is a two-part trial structure in which the

jury first determines guilt or innocence and then considers
new evidence relating to the appropriate punishment.

9.5 Landmark Court Cases
Furman v. Georgia (1972) Gregg v. Georgia (1976)

U.S. Supreme Court banned the use
of the death penalty. Reinstated death penalty but
The court declared that the manner required that trials for capital
in which it was applied was offenses had to be conducted in
unconstitutional and made all states two separate parts (bifurcated
submit proof to the U.S. Supreme
Court that their use of the death trial).
sentence was fair, equitable, and
proportional to the crime.

Reconsideration of the Death Penalty

CHAPTER SUMMARY
In modern-day society, punishment is not to be cruel and unusual; hence,

judges are guided by the law as to the type and range of punishments that
may be imposed. Sentences must be fair and cannot discriminate on factors
9.1 such as race, sex, or religion. There are five contemporary philosophies
concerning the purpose of punishment: deterrence, incapacitation,
retribution, rehabilitation, and restorative justice.
Guilt in the criminal justice system is based on the assumption that the
defendant can distinguish between right and wrong. However, a defendant
9.2 might plead not guilty by reason of insanity. If a defendant is found not
guilty by reason of insanity, he or she will not be criminally sanctioned, but
placed in a mental institution.

CHAPTER SUMMARY
The presentence investigation report is important in providing a fair

sentence. A presentence investigation gathers information about the
9.3 convicted offender to help the judge determine the appropriate sentence.
This report includes the defendant's employment history, family
relationships, and reputation in the community.
There are two types of sentencing models: indeterminate and determinate.

The indeterminate sentencing model gives the judge broad discretion in
determining a range of sentences. The determinate sentencing model
9.4 limits the judge's flexibility, as the offender is given a fixed term of
incarceration. Habitual offenders might be sentenced under a three-
strikes law, in which repeat offenders receive longer mandatory sentences.

CHAPTER SUMMARY
The U.S. Supreme Court hears many challenges to the death penalty
based on the position that it violates the Eighth Amendment as cruel and
unusual punishment. In addition, the U.S. Supreme Court must address
9.5 civil rights issues that arise in death penalty cases. Today, many states
have reconsidered their use of the death penalty; some have even
abolished its use.


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Chapter 9: Sentencing

CJ 300 Crime, Law, and Justice,

CJ2014 Copyright © 2015 by Pearson Education, Inc.

9.1 Describe the purpose of sentencing.

Explain how the criminal justice system sentences

Identify the factors that can influence whether the defendant

Describe the various sentencing models and explain their

CJ2014 Copyright © 2015 by Pearson Education, Inc.

9.1 Describe the purpose of sentencing.

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• The history of punishment in the United States is rooted in economic

• Historically, punishments in England and the American colonies

• Criminals who could not afford to pay the fines or restitution

• Corporal punishment included whipping, branding, dunking,

Deterrence Incapacitation Retribution

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• Deterrence is the philosophy and practices that emphasize

• Punishments based on deterrence include economic

CJ2014 Copyright © 2015 by Pearson Education, Inc.

CJ2014 Copyright © 2015 by Pearson Education, Inc.

The theory of incapacitation assumes that offenders cannot be

Two of the oldest forms of incapacitation are banishment and

•Banishment removed offenders from society, often under the

CJ2014 Copyright © 2015 by Pearson Education, Inc.

CJ2014 Copyright © 2015 by Pearson Education, Inc.

A model of deterrence that uses restitution

CJ2014 Copyright © 2015 by Pearson Education, Inc.

Explain how the criminal justice system

CJ2014 Copyright © 2015 by Pearson Education, Inc.

An assumption A verdict by which A determination of A new type of

CJ2014 Copyright © 2015 by Pearson Education, Inc.

In federal courts, the defendant found not guilty by

CJ2014 Copyright © 2015 by Pearson Education, Inc.

Identify the factors that can influence

CJ2014 Copyright © 2015 by Pearson Education, Inc.

The following six major factors may have a significant impact on

CJ2014 Copyright © 2015 by Pearson Education, Inc.

The presentence investigation is based on the assumption that

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• A presentence investigation involves an in-depth interview

• The presentence investigator is a person who works for the

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• The judge sets a date for a sentencing hearing, at which the

• The judge also may allow victim impact statements at the

CJ2014 Copyright © 2015 by Pearson Education, Inc.

Describe the various sentencing models and

CJ2014 Copyright © 2015 by Pearson Education, Inc.

•Sentences vary from judge to •The term can be reduced by

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• Mandatory sentencing is legislation that provides a fixed

• Habitual offender laws are similar to mandatory sentencing

CJ2014 Copyright © 2015 by Pearson Education, Inc.

•In sentencing guidelines, crimes are classified according to

CJ2014 Copyright © 2015 by Pearson Education, Inc.

Presumptive sentencing is a structured sentencing model that attempts

CJ2014 Copyright © 2015 by Pearson Education, Inc.

Summarize the challenges to the death

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• Capital punishment —the death penalty—can be traced

• In English common law, the roots of the American system

CJ2014 Copyright © 2015 by Pearson Education, Inc.

• Those universally opposed to the use of capital punishment

• A bifurcated trial is a two-part trial structure in which the