Introduction to Criminal Justice by Travis III Lawrence F. Edwards Bradley D

Author:Travis III, Lawrence F.,Edwards, Bradley D.
Language: eng
Format: epub
ISBN: 9781317522300
Publisher: Taylor & Francis Ltd

SENTENCING IN THE JUSTICE SYSTEM

Criminal sentencing is the final decision point in the court segment of the criminal justice system (with the possible exception of probation revocation, which we discuss in Chapter 12). It represents a transitional decision point at which judicial and correctional officials jointly determine the fate of the offender. In cases of negotiated pleas of guilty, the prosecutor also plays a large role in determining the sentence (Alschuler, 1978). In noncapital cases in three states (Kentucky, Missouri, and Virginia), the jury sentences those convicted of felonies, and in three more (Arkansas, Indiana, and Texas), the jury recommends a sentence to the judge in felony cases. In these states, however, the judge can alter a jury sentence or recommendation (Rottman & Strickland, 2006).

In capital cases (18 states do not have the death penalty), the jury will either determine the sentence or recommend a sentence to the judge. In one state (Nebraska), a panel of judges makes the sentencing decision. In Pennsylvania, either a judge or jury can decide the sentence.

The decision about sentence is bifurcated (Wilkins, Kress, Gottfredson, Calpin, & Gelman, 1976), having two stages. First, the sentencing judge decides whether to incarcerate the convicted offender. Next, the conditions of sentence are determined. These conditions range from the restrictions and obligations placed on those who receive probation to the length of term for those incarcerated.

Historically, sentencing judges had a greater voice in setting the conditions of prison confinement for sentenced offenders. The judge used to be able to specify the institution to which an offender would be sent, or to require that the sentence be served “at hard labor.” Today, most jurisdictions restrict the judge to setting the term of confinement, and leave to the correctional authorities the discretionary power to establish the place and conditions of confinement.

Especially in indeterminate sentencing systems based on a rehabilitative rationale, the sentencing decision is expected to be based on the results of a presentence investigation (PSI) conducted by a probation officer. The PSI report describes the offense and offender and, in many jurisdictions, includes a recommendation of sentence from the reporting officer (Czajkoski, 1973). PSIs are common in most felony cases across the nation, thereby involving probation officers in the sentencing decision.

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