Sentencing The American Justice System

Sentencing
The American Justice System
Sentencing
•final phase of the criminal justice
process
•criminal statutes set out a basic
sentencing structure but judge has
considerable freedom
•in some states regarding capital
offenses, jury has discretion
Goals of Sentencing
•Retribution: instead of individuals seeking revenge, society takes on the role
of punishing those who violate
•Deterrence: punishment will discourage the offender from committing crime
in the future; also serves as an example to others
•Rehabilitation: helping convicted persons change their behavior so that they
can lead productive lives after the release
•Incapacitation: the criminal will be physically separated from society and
society will be protected
Possible Sentences
•Probation – defendant is released to the supervision of a probation officer after agreeing
to the following conditions such as getting a job, avoiding drugs, and not traveling outside
the area
•Home Confinement/House Arrest – the defendant is sentenced to serve the term at
home, may leave home for work or school; usually electronically monitored
•Fine – the defendant may pay the government an amount of money set by the court
•Restitution – defendant required to pay back or make up for whatever loss or injury was
caused to the victim of the crime
•Work Release – the defendant is allowed to work in the community but is required to
return to prison at night
•Imprisonment – the defendant is sentenced to a term in jail or prison
•Capital Punishment – death penalty, method and legality vary by state
ARIZONA Capital Punishment
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Death Penalty? Yes
Number of Executions Since 1976: 23
Current Death Row Population: 135
Women on Death Row: 2
Number of Innocent Persons Freed From Death Row: 8
Method: Injection / Choice of Gas Chamber if sentenced before 11/92
How is the Sentence Determined? Jury
Location of Death Row(s): Florence (Women: Perryville)
Special Circumstances
• Suspended Sentence – sentence is given but does not have to
be served at time it is imposed
• definite sentence – judge specifies exact amount of time to
be served
• indeterminate term – the sentence is stated not as a specific
number of years but as a minimum and maximum term
• weekend jail terms – defendents serve short jail sentences on
weekends for some misdemeanor cases