Sentencing Overview PDF

Sentencing Sentencing Overview Sentencing: The formal pronouncement of punishment following conviction in a criminal prosecution. Sentencing Process: Takes place after conviction, can involve imprisonment, fines, probation, community service, or other penalties. Factors Considered: Nature of the...

Sentencing Sentencing Overview Sentencing: The formal pronouncement of punishment following conviction in a criminal prosecution. Sentencing Process: Takes place after conviction, can involve imprisonment, fines, probation, community service, or other penalties. Factors Considered: Nature of the offense, offender’s background, impact on victims, statutory guidelines. Goals and Objectives of Sentencing Rehabilitation: Reforming the offender to prevent future crime. Deterrence: sanctioning convicted offenders to reduce crime by making the public and the offender aware of the certainty and severity of punishment for criminal behavior. Retribution: Punishment for the sake of justice. Incapacitation: Removing the offender from society to protect the public. Restoration: Focusing on repairing harm done to victims and the community. Mandatory Sentences Sentences imposed by law, leaving judges no discretion. ○ Require a specific penalty for certain crimes. ○ Common in cases like drug offenses, gun crimes, and violent felonies. Purpose: Ensure uniformity and consistency in sentencing. Deter future crimes through harsher, fixed penalties. Presumptive Sentences Sentences set by legislatures as a standard, but allow for judicial discretion in some circumstances. ○ Judge can deviate from the presumptive sentence if there are aggravating or mitigating factors. ○ Based on sentencing guidelines. Purpose: Balance uniformity with flexibility. Consider specific facts of a case, allowing for lighter or harsher sentences depending on the situation. Types of Sentences Death penalty Imprisonment Probation Intermediate sanctions Fines, forfeiture, and restitution 8th Amendment, US Constitution Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Cruel and Unusual Punishment When is a Sentence Considered Cruel and Unusual? When the punishment is grossly disproportionate to the offense. Torturous or inhumane punishment. Punishment that is arbitrary or discriminatory. Sentences After a Criminal Trial If the defendant is found guilty: sentencing and appeal. The court’s formal pronouncement of judgment. Bifurcated Sentencing factors: aggravating and mitigating Victim impact statement- victims allowed to describe the impact of the crime on their lives. Mitigating Factors The defendant played a relatively minor role in the crime. Victim culpability. The victim willingly participated in the crime or initiated the events leading to it. No harm or injury to anyone. Lack of prior criminal record. Relative necessity. The defendant accepted responsibility and showed remorse. The defendant's unique upbringing or family circumstances led to her criminal conduct. Drug or alcohol addiction contributed to—but wasn't just an incentive or excuse to commit—the crime. Aggravating Factors Previous conviction(s), particularly for serious offenses. Evidence of prior planning. More serious harm was intended than actually resulted. The offense was committed as part of an organized criminal group. The offense was motivated by financial or material gain. Sentencing Guidelines Purpose: Provide structure and consistency in sentencing to reduce disparity. Federal Sentencing Guidelines: Established by the U.S. Sentencing Commission. Prescribe a uniform sentencing policy for convicted defendants in federal courts. Provide ranges for specific offenses based on severity and offender history. Courts can depart from guidelines under specific circumstances. The sentence imposed must be justified and is subject to appellate review. Sentencing Guidelines Tennessee Sentencing Guidelines: Tennessee Sentencing Reform Act of 1989 Includes sentencing ranges for felonies based on crime classification and prior convictions. Allows judicial discretion within prescribed ranges. Sentencing Juvenile Offenders Juvenile vs. Adult Sentencing: Focuses more on rehabilitation than punishment. Juvenile courts emphasize treatment, education, and community involvement. Factors Considered: Age, maturity level, nature of the crime, potential for rehabilitation. Blended Sentencing: A combination of juvenile and adult sentencing for certain serious offenses committed by juveniles. Juvenile Blended Sentencing: Juvenile courts may impose both juvenile and adult penalties, with adult penalties activated if the juvenile fails in rehabilitation. Sentencing Juvenile Offenders Supreme Court Decisions: Roper v. Simmons (2005): Prohibited the death penalty for juveniles. Miller v. Alabama (2012): Prohibited mandatory life without parole for juveniles. Death Penalty Overview Definition: Capital punishment, where a convicted person is sentenced to death for serious crimes, primarily murder. Historical Use: Practiced in the U.S. for centuries, with varying application across states and federal jurisdictions. Current Status: Still applied in many states and at the federal level, though increasingly scrutinized and challenged. Furman v. Georgia, 408 U.S. 238 (1972) Furman was convicted of murder and sentenced to death under Georgia law. Furman appealed, arguing that the imposition of the death penalty in his case violated the Eighth and Fourteenth Amendments, which prohibit cruel and unusual punishment. Issue: Does the imposition of the death penalty in this case, and more broadly as applied under existing state laws, violate the Eighth and Fourteenth Amendments? Yes. The Court held that the death penalty, as applied at the time, constituted cruel and unusual punishment and violated the Eighth and Fourteenth Amendments. The ruling effectively invalidated all existing death penalty laws in the United States. Gregg v. Georgia, 428 U.S. 153 (1976) Gregg was convicted of armed robbery and murder in Georgia. The jury sentenced him to death for the murders under Georgia's new bifurcated trial process. Issue: Does the death penalty for murder under Georgia's revised sentencing procedures violate the Eighth and Fourteenth Amendments? No. The Court held that the death penalty itself is not unconstitutional, provided it is administered under carefully designed procedures to avoid arbitrariness. Gregg v. Georgia, 428 U.S. 153 (1976) The Court ruled that the death penalty, in itself, does not violate the Eighth Amendment’s prohibition against cruel and unusual punishment. However, to ensure it is not applied in an arbitrary or capricious manner, sentencing procedures must include: 1. Bifurcated Trial: A separate sentencing phase after the guilt phase to determine if the death penalty is appropriate. 2. Guided Discretion: Jury and judge must have specific criteria to guide their decision-making on whether to impose the death penalty. 3. Appellate Review: Automatic review by a higher court to ensure the sentence is fair and consistent. Important Death Penalty Decisions After Gregg v. Georgia Atkins v. Virginia (2002): Executing individuals with intellectual disabilities violates the 8th Amendment. Ring v. Arizona (2002): the Sixth Amendment requires that a jury, not a judge, find the aggravating factors necessary for imposing the death penalty. Roper v. Simmons (2005): Execution of individuals who were under 18 at the time of their crime is unconstitutional. Kennedy v. Louisiana (2008): The death penalty is unconstitutional for non-homicidal offenses, such as child rape. Glossip v. Gross (2015): Upheld the use of a controversial drug in lethal injections, rejecting arguments about cruel and unusual punishment. Types of Prison Sentences Indeterminate Sentences: Range of time, allowing for parole eligibility (e.g. 5-10 years). Parole boards determine the actual time served. Determinate Sentences: Fixed term with no possibility for parole. Mandatory Minimums: Statutorily required minimum sentence for certain crimes. Life Sentence: Incarceration for life, with or without the possibility of parole. Life Without Parole (LWOP): Incarceration for life without eligibility for parole. Concurrent v. Consecutive Concurrent: Sentences served at the same time. Consecutive: Sentences served one after another. Rights of Prisoners Basic Rights: Eighth Amendment Protections: No cruel or unusual punishment. Right to Medical Care: Necessary healthcare must be provided. Access to Courts: Prisoners can file lawsuits and access the legal system. Freedom of Speech & Religion: Limited but protected rights to speech and religious practices. Visitation Rights: Reasonable visitation under regulated conditions. Release on Parole Conditional release from prison before the sentence is fully served. Eligibility: Based on behavior, rehabilitation, and other factors. Conditions: Compliance with specific rules; violations may result in return to prison. Discretion: Parole boards have discretion to grant or deny parole. Life Without Parole (LWOP) A sentence where the individual is ineligible for parole, remaining in prison for life. Often imposed in the most serious murder cases and repeat violent offenders. Probation Court-ordered supervision of an offender in the community instead of prison time. Purpose: Allows rehabilitation and reintegration while protecting society. Supervision: Offender is monitored and must comply with specific conditions. Conditions may include rehab, community service, classes, etc. May be in lieu of or in addition to jail time. Kinds of Probation Unsupervised Probation: Minimal contact with probation officer, mostly paperwork compliance. Supervised Probation: Regular meetings with a probation officer and strict compliance. Intensive Probation: More restrictive form, involving closer monitoring and more conditions. Shock Probation: Offender spends a short time in jail, followed by probation. Conditions of Probation Common Conditions: Regular meetings with probation officer. Maintaining employment or attending school. No contact with certain individuals or places. Abstaining from drugs and alcohol. Community service or treatment programs. Violation of Conditions: Can lead to probation revocation and incarceration. Probation Revocation The process of revoking probation due to violations of its terms. Hearing: The offender is entitled to a hearing before probation is revoked. Consequences: Revocation usually results in serving the original prison sentence. Intermediate Sanctions Sanctions that are stricter than probation but less severe than incarceration. Types: Fines: Financial penalties. Community Service: Work performed for the benefit of the community. House Arrest: Offender confined to their home, often with electronic monitoring. Boot Camps: Military-style programs for youthful offenders. Restitution: Offenders must compensate victims for their losses. Fines, Forfeiture, and Restitution Fines: Monetary penalties imposed by courts as part of sentencing. Forfeiture: Seizing assets gained from or used in criminal activities. Restitution: Compensation paid by the offender to the victim for harm caused. Crime Victims' Rights Rights of Victims: Right to Information: Victims must be informed of court proceedings and outcomes. Right to Be Heard: Victims can give statements at sentencing hearings. Right to Restitution: Offenders may be ordered to compensate victims. Right to Protection: Victims can request protection from threats or harassment. Mandatory Sentencing Laws Mandatory Sentencing Laws If convicted of a Felony, a fine may also be assessed during the sentencing phase of the trial: Class A Felony: Up to $50,000 Class B Felony: Up to $25,000 Class C Felony: Up to $10,000 Class D Felony: Up to $5,000 Class E Felony: Up to $3,000 Mandatory Sentencing Laws Tennessee Truth in Sentencing Many convicted defendants who receive incarceration as part of their sentence are often able to earn reduced time off for good behavior while in prison. Under this new law, defendants will now have to serve 100% of their sentence with no opportunity for earning reduced time. The law identifies the following violent crimes where the defendant must serve their entire sentence: Aggravated vehicular homicide Attempted first-degree murder Carjacking Especially aggravated burglary Especially aggravated kidnapping Especially aggravated robbery Second-degree murder Criminally negligent homicide Vehicular homicide