CLEAR/COLE: Punishment of Offenders
 
CHAPTER 4 (The Punishment of Offenders

A. The elements required for punishment:

1. A offense
2. Infliction of "pain" or something "costly" because of committing it
3. A purpose (intent, outcome) that follows from the punishment

B. Four basic purposes:

1. Retribution (deserved punishment)
  (Utilitarian based)

2. Deterrence
   a) General deterrence = boundary maintenance
      general deterrence presumes that members of the general public will 
      be deterred by observing the punishments of others and will conclude 
      that the costs of crime outweigh the benefits.  They must be leave 
      that they will be caught prosecuted and given a specific punishment 
      if they commit a particular crime.

   b) Special deterrence = focus on the individual:
      special deterrence, also called specific or individual deterrence, 
      targets for decisions and behavior of offenders who have already 
      been convicted. this means that the amounts and kind of punishment 
      are calculated to discourage the criminal from repeating the 
      offense.

3. Incapacitation: incapacition means that we prevent potential offenders
   of the opportunity to commit crimes by isolating them.
   SELECTIVE INCAPACITY NATION means making the best use of expensive 
unlimited prison space by targeting for incarceration those offenders 
whose incapacity will do the most to reduce crime in society.  For example 
three strikes laws, that attempts to keep repeat offenders off the 
streets, have as their goal removing habitual criminals from society.

4. Rehabilitation: rehabilitation means restoring offender is to a 
constructive place in society through some form of vocational or 
educational training were therapy.

5. RESTORATIVE JUSTICE: one of the most common new approaches to punishment 
has been the RESTORATION, which means the attempt to repair the damage done 
to the victim and the community by an offender's criminal act.  This is often 
called RESTORATIVE JUSTICE.

D. FORMS OF THE CRIMINAL SANCTION:

The text identifies 10 "escalating punishments" (there are more). We
can call this a "continuum of sanctions."
The continuum of sanctions concept associated with Joan Petersilia,
suggests that there are many options between doing nothing and some 
sending somebody to prison.  On one level these include a slap on the 
wrist, to probation, intensive supervision probation, restitution and 
filings, community service, substance abuse treatment, gay reporting, 
house arrest and electronic monitoring, halfway house, boot camp, prisons 
and jails.

1) INCARCERATION

Explain and determined and determine its sentences.
Explain PRESUMPTIVE SENTENCE: a presumptive sentence is a sentence for 
which the Legislature or somebody sets a minimum and maximum range of 
months in years.  Judges are to fix the length of the sentence within that 
range, but can allow for special circumstances.

MANDATORY SENTENCES are sentences stipulating that some minimum period of 
incarceration must be served by people convicted of specific crimes 
regardless of background or circumstances.

PRESUMPTIVE SENTENCES: A sentencing range and the judge gives a
sentence within that range. For example, in Illinois:

 
  Offense Level  Example                     Penalty Range

    Class M     Murder                 20 to 60 years (100 pct of sentence)
    Class X     Home Invasion           6 to 30 years prison, no probation
                                        + 85 pct of sentence
    Class 1     Residential Burglary    4 to 15 years, certain offenses
                                          non-probationable.
    Class 2     Burglary, auto theft    3 to 7 years prison, most are
                                          probationable.
    Class 3     Aggravated Battery      2 to 5 years prison, probationable.
    Class 4     Retail Theft, minor     1 to 3 years, probationable.
                drug offenses

"Good Time:" Good time is the reduction of the sentence for good behavior.  
In Illinois there is mandatory good time, meritorious good time, and supplemental 
good time.

Three types of sentencing: Sentencing:

1) DETERMINATE/INDETERMINATE: In Illinois, we still have about 300 people
under the old pre-1977 law who serve an indeterminate sentence.
 
2) TRUTH IN SENTENCING, refers to the policy in which inmates have to do 80 
percent of their time for violent crimes. In Illinois, Class-X offenders
serve 85 percent of their sentence; Class M serves 100 percent.
(This had had little effect on the crime rate and there is no evidence
it works and much that it's costly and counter-productive)

3) Mandatory Sentencing: The crime calls for a specific sentence with
little judicial discretion allowed (example: "Sentencing grids" to calculate
the sentence)

4) Sentencing guidelines: A chart or list of offenses, sentences, and
contextual factors to assist or guide judges in sentencing. The intent is
fair and consistent punishments. Often better in theory than in reality.

FACTORS THAT SHAPE PUNISHMENT

   1) PSR (pre-sentencing report)
   2) Politics/legislatures
   3) Public opinion
   4) Discretion (judges, prosecutors, etc)
   5) Sentencing Guidelines

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