Ch 11
Consecutive
Finish one and do the other sentencing follow one or another
General Deterrence
"Sends a message" to people thinking about committing crime that "crime doesn't pay."
Mandatory Minimum Furthers Fundamental Principles of Criminal Justice Punishment
1.) Equality: similar offenses receive similar sentences. 2.) Certainty: offenders and the public know that offenders will really do the minimum prison time the statute prescribes. 3.) Just Deserts: violent and drug offenders, habitual criminals, and criminals who use guns to commit crimes deserve long mandatory prison term. 4.) Deterrence: Mandatory prison sentence deter crime by sending a strong message. 5.) Incapacitation: mandatory prison terms protect public safety.
Rehabilitation
Aims to change criminals into people who "work hard and play by the rules."
Restoration
Aims to to heal victims and restore relationships.
Culpability
Assumes offenders are responsible for their actions and have to suffer the consequences if they act irresponsibly.
Restorative Justice in Clark County Juvenille
Based on the humane idea that crime injures not just the victims but offenders, families, and friends. The injury has to be healed for everyone. Two dogs visiting the Clark County Juvenile Justice Center.
History of Mandatory Minimum
Have an on and off history in the U.S. In 1956, Congress enacted a mandatory minimum drug law to make sure that drug related offenses will be punished, 5 years in prison for a first time heroin sale. Law repealed in 1970 because it concluded that increased sentence lengths did not show reduction in drug law violations. Repeal didn't last long, 46 countries enacted mandatory minimums mostly aimed at drug and weapon offenses.
Determinate Sentencing
Legislatures attach specific punishments to crimes.
Indeterminate Sentencing
Legislatures set only the outer limits of possible penalties, and judges and corrections professionals decide actual sentence lengths. New York enacted the first indeterminate sentencing law in 1878.
Mandatory Minimum Sentence Laws
Offenders have to spend at least some time (the mandatory minimum laid out by the law) in prison. Judges can't suspend the minimum and can't substitute probation for it. Minimum must be served.
Restitution
Offenders pay back victims in money for losses they caused.
Retribution
Punishes criminals for past crimes because they deserve it.
Prevention
Punishes criminals to deter future crimes.
Concurrent
Serve both sentencing at the same time.
Special Deterrence
Teaches convicted criminals that "crime doesn't pay."
Fixed Sentences
Two types: 1.) Mandatory minimum sentences. 2.) sentencing guidelines based on the severity of the crime and the criminal history of the offender.
Incapcitation
confines criminals so they can't commit crimes while locked up.