Sentencing, Appeals, and the Death Penalty (From Crime and Justice in America: A Human Perspective, P 480-524, 1998, Leonard Territo, James B. Halsted, et al., - See NCJ-174565)

• NCJ Number: 174577
• Author(s): L Territo; J B Halsted; M L Bromley
• Date Published: 1998
• Length: 45 pages
• Sale Source: Butterworth-Heinemann
• Language: English
• Country: United States of America

Annotation

Sentencing is discussed with respect to theories of punishment, the sentencing process, sentencing factors, time served, and the use of capital punishment and the debate about it.

Abstract

The discussion notes that sentencing is perhaps the most important phase of the criminal justice process for the criminal defendant as well as for the public. Contemporary criminal justice is still punitive in its orientation, but its procedures are justified on several theoretical grounds, including retribution, deterrence, and incapacitation. The goals of rehabilitation and reintegration were also part of the punitive decision until recent years. Traditional sentences include fines, probation, and imprisonment. Probation is the most common choice. Defendants are granted certain appeals regardless of the sentence. They also can use postconviction remedies. Capital punishment is gaining strength at a rapid rate; more than 80 percent of the public supports the death penalty. The justification for capital punishment has been hotly debated. Arguments include deterrence, retribution for heinous acts, arbitrariness, and the potential for mistakes. Figures, tables, photographs, excerpts of media articles, notes, case citation, reference to a government publication, and 24 references