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.