In the last lecture, we examined the Courtroom Work Group. The Professional Crime Fighter often spends the majority of his/her time and effort on the process of reaching a successful conviction within the Courtroom. However, that is just the midpoint of the Criminal Justice Process.
This lecture starts where the last one left off. We are focusing on the segment of the Criminal Justice System that starts at the point where a Defendant is Convicted of a Criminal Offense.
Upon Conviction, the Offender is officially labeled as a GUILTY CRIMINAL Who Must Pay For His Sins Against Society. With that label is carried an Officially Sanctioned Penalty and/or Punishment. The process by which the Officially Sanctioned Penalty and/or Punishment is attached to the Offender is referred to as SENTENCING. Sentencing is the last major decision point in the Criminal Trial Process. This stage in the Criminal Justice Process bridges the Court System with the Corrections System.
Sentencing is the Official Record of the Punishment Decision. Of course, the Legislative Bodies establish limits on the type and severity of Punishment Decisions that can be made by the Judicial System. However, it is the Judge who ultimately decides what penalty and/or punishment will be meted out to the Convicted Offender.
These penalties and punishments range through a graded continuum from verbal admonishments to incarceration and all the way up to and including the imposition of DEATH. As a result, the Sentencing Phase of the Criminal Justice Process has become known as the point at which the full weight of the STATE may be brought to bear upon the head of the Offender.
A rationale is a justification for one's actions through supporting evidence and convincing arguments that prove the necessity of that action. The rationale ehind Sanctioning of Convicts is composed of four purposes. These purposes that underlie the Sentencing Process are:
The majority of Sentencing methodologies attempt to merge all four of the purposes proposed by the Sentencing Rationale. Often, though, these purposes are not equally weighted within these Sentencing methodologies. Usually, the punishment and/or penalty that is imposed reflects the purpose intended by the Judge who issues the Sentence. In simple terms, the Sentence tells us exactly what the punishment and/or penalty is supposed to do for the Convicted Offender.
Deterrence refers to the belief that through punishment and/or penalization, a rational human being can learn to avoid unwanted behavior. Thus, through Sentencing for Deterrence, it is hoped that the Convicted Offender will learn not to commit similar actions and/or inactions in the future [Specific Deterrence]. At the same time, it is hoped that through this type of punishment and penalization, others will learn to avoid such unwanted behavior [General Deterrence].
Incapacitation refers to the belief that through punishment and/or penalty, a Convicted Offender can be prevented from committing future Offenses. Punishments and/or Penalties are imposed which limit the Convicted Offender's ability to commit new Offenses Against Society. Thus, while warehoused in a Penitentiary [Long Term Facility], a Convict is unable to commit more house burglaries. That is, unless the Convict victimizes his/her fellow inmates by burglarizing their "houses"... a very dangerous and deadly infraction of the "Rules Of The Hood"....
Treatment refers to the belief that there is some characteristic in the personality of the Offender or in the situation that has lead to the Offender's unwanted behavior. The idea is that this characteristic or situation can be fixed. The Penalty and/or Punishment imposed upon the Convict is designed to change the personality and circumstances of the individual in such a way as to cause him/her niether to need nor to desire to engage in further unwanted actions and/or inactions. Examplse of Treatment are:
Just Deserts refers to the belief that CRIME MUST BE PUNISHED. Under this philosophy, it matters what the future effects of the Punishment and/or Penalty. The idea is that the Convict deserves to be punished and/or penalized for the pain and suffering that he/she has inflicted upon Society. This Punishment and/or Penalty then results in a balancing of the Scales Of Justice. This philosophy is perhapse the most simplistic but effective of the Sanctioning Rationales.
Sentencing Structures are classified into two major types:
Determinate Sentencing [Flat Sentencing] refers to those sanctions which are specifically delineated. The Offener knows from the moment that the Sentence is imposed that the Punishment and/or Penalty will end at a specific point.
Indeterminate Sentencing [Flexible Sentencing] refers to those sanctions which are not specifically delineated. The Offender does not know how long the Punishment and/or Penalty will end. The Offender's response to the Treatment Plan that is imposed determines the point at which the Sentence ends.
Most Offenders prefer Determinate Sentencing over Indeterminate Sentencing. This is due to the tendency of Indeterminate Sentencing to produce Disparity In Sentencing. Disparity In Sentencing is the condition whereby two or more parties are convicted of a similar or same offense, with similar or same circumstances, and receive different Sentences; when two people are convicted of shoplifting a candy bar, and one gets a fine of $20 US, while the other receives a two year term of incarceration, that is called Sentencing Disparity. Sentencing Disparity leads to disgruntlement in the Convict. It also breeds discontent within the Public. Even worse, it creates a loss of Justice within the Criminal Justice System. For these reasons, the Criminal Justice System actively seeks to choose Determinate Sentencing Practices at every opportunity when disposing of Convicted Offenders.
This lecture presented basic knowledge about the Sanctioning of Convicted Offenders by The Justice System. Judges, upon reaching the conclusion that a Defendant is Guilty of the Charges Levied Against Them, are expected to issue a Sentence. Handing Down A Sentence results in a Penalty and/or Punishment to be imposed against the Convicted Offender. When a Convict has served out his/her Sentence, then he/she is returned to Society. Hopefully, the Returnee will adopt a law-abiding, normal life as all Citizens are expected to enjoy.