Cr J 175 – American Courts
Professor Laurie Kubicek
Chapter 15
• Sentencing Options: This chapter discusses the reasons why we sentence prisoners, who should make the decision, and explores the different types of sanctions.
Furman v. Georgia
• William Furman was sentenced to death in the killing of a man whose home Furman had intended to burglarize; but who died when Furman’s gun went off after he fell trying to run away.
• In Furman’s appeal the Court held that all death penalty laws in the U.S. to be unconstitutional.
Why do we sentence?
• Retribution
• Incapacitation – isolating wrong-doers from society
• Deterrence – discourage future similar acts
• Rehabilitation – restore offenders to a constructive role in society
Who Should Decide?
• Legislature – determinate v. indeterminate sentencing
• Judicial discretion
• Executive – parole, good time, pardon
What Sentence?
• Prison
• Parole
• Probation
• Intermediate Sanctions
• Fines
• Restitution
• Capital Punishment
Key Developments
• 8th Amendment
• Cooper v. Pate – prisoners can sue prison officials in fed. ct.
• Ruiz v. Estelle – Texas prisons are un”C” based on conditions of confinement
• Estelle v. Gamble – Deliberate indifference to medical needs violates 8th Amend.
• PLRA – passed to limit prisoner litigation
Probation
• Punishment for a crime that allows the offender to remain in the community without incarceration but subject to certain conditions.
Intermediate Sanctions
• Variety of sanctions that lie somewhere between prison and probation
• ISP – intensive supervised probation
• Community based penalties such as substantial fines, community service, restitution, intensive probation, electronic monitoring, boot camp, house arrest, shock incarceration, and treatment.
Fine
• A sum of money to be paid to the state by a convicted person as punishment for an offense.
• American judges often cite poverty of offenders for the reason they don’t employ fines more broadly as punishment.
Restitution
• To restore or to make good on something; for example, to return or pay for a stolen item.
• Symbolic restitution – the defendant performs community service.
Death Penalty
• Capital punishment – executions performed by the state for the purposes of social defense.
• Gregg v. GA – held the death penalty constitutional after being re-written post Furman.
• 8th Amendment standards – cruel & unusual punishment.
• See the Controversy on page 405.
• Contemporary laws – the majority of citizens favor the death penalty for murder; 38 states & the federal gov’t have death penalty laws (covers 90% of the pop.)
Key Developments
• Furman v. GA – held that all death penalty laws in America were un”C” (5 justice plurality opinion).
• Gregg v. GA – mandatory death penalty laws no good; but death penalty doesn’t constitution 8th Amend. violation.
• Coker v. GA – rape isn’t a grave enough offense to punish with death.
• Thompson v. OK – D’s 15 or younger can’t be executed.
• Stanford v. KY – It’s no un”C” to sentence someone to death who committed murder at age 17.
• Penry v. Lynaugh – it’s un”C” to execute mentally retarded persons.