Chapter 4 - Corrections

Legitimate

Based on considerations such as crime of seriousness and/or prior record

U.S. Sentencing Commission

Commission charged with creating mandatory sentencing guidelines to control judicial discretion

Discriminatory

Differences in punishments with no rational justification

Truth-in -sentencing laws

Laws require that there be a truthful, realistic connection between sentences imposed on offenders & time they actually serve

Justice

Moral concept of just or fair treatment consisting of treating equals equally and unequals equally according to relevant differences

Indeterminate sentence

Prison sentence consisting of range of years to be determined by the convict's behavior rather than one of a fixed number of years Set minimum to max period Potivist

Determinate sentencing

Prison sentence of fixed number of years that must be served rather than a range

Mandatory sentencing

Probation is not an option, minimum time to be served is set by law

Sentencing

Punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury, judge, or in plea bargain

Split sentences

Require convicted persons to serve brief periods of confinement in county jail prior to probation placement

Sentencing guidelines

Scales for numerically computing sentences that offenders should receive on basis of crimes they committed & on criminal records

Life without parole

Sentence with additional condition that person is never allowed parole Convicted of murder, habitual property offenders

Judge determines consecutive/concurrent by

Seriousness of crimes, criminal history, plea bargain arrangements, offender cooperation Some suggest judges impose harsher sentence because it makes extra work for judge (you take some of my time, I take some out of yours)

Drug courts

Special sentence for drug related nonviolent offenders who must complete extensive drug treatment program that lasts 2 yrs

Habitual offender statutes

Statutes mandating offender with third felony convictions to be sentenced to life imprisonment regardless of nature of third felony

Consecutive sentencing

Two or more sentences must be served sequentially

Concurrent sentencing

Two separate sentences are served at same time

Shock probation

Type of sentence aimed at shocking offenders into going straight by exposing them to reality of prison life for short period followed by probation, no more than 30 days followed by probation Reserved for young, first time offenders who committed relatively serious felonies

Rummel v. Estelle

Upheld life sentence of felon under Texas' habitual offender statute, even though underlying felonies only obtained a total of $230 over 15 yr period by false pretenses in 3 separate instances (fraudulent use of credit card & writing bad checks)

Sentencing disparity: Legitimate & Illegitimate

Wide variation in sentences received by different offenders that may be legitimate/discriminatory

Presentence investigation report

Written by probation officer informing judge of various aspects of offense for which defendant is being sentenced & providing info about defendant's background, character, criminal history

Anti-Drug Abuse Act

established 100-to-1 quantity ratio differential between crack cocaine & powder

Fair sentencing act

mandate amount of crack cocaine subject to 5-yr minimum sentence to be increased from 5-28 grams thereby reducing the 100-to-1 ratio to an 18-to-1 ratio

First step act

seeks to improve cj outcomes such as reducing federal prison population & creating rehabilitative mechanisms to maintain public safety