Sentencing Models And Goals

V

various sentences.

Below are two scenarios.

What type of sentencing model would you use to sentence the offenders?

What actual sentence would you impose (type and time)?

What are the goals of sentencing that are associated with your decision?

Please discuss both scenarios.

Do not use current sentencing strategies to determine your sentence.  I want all students to discuss what they believe is appropriate.

Scenario #1

Sam Smith was convicted of a robbery of Wells Fargo Bank on 125th Street in North Miami. During his robbery he possessed and displayed a firearm but did not fire the gun. He took $100,000.00 from the bank. No one was injured as a result of the robbery. He has accepted responsibility for his actions. He has no previous criminal history.

Scenario #2

Maria Hernandez was convicted of sexual exploitation of a minor. She basically prostituted her 11 year old niece of whom she was the legal guardian. Maria made her niece have sexual relations with hundreds of men in the Homestead area. Maria has not accepted responsibility and she does not believe that she did anything wrong. Maria does not have a criminal history.

Post/Reply Requirements

Make sure you use proper grammar and cite any resources utilized.

400 words minimum.

Do not plagiarize .

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Chapter 3 Sentencing: To Punish or to Reform?

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Learning Objectives

q  Describe sentencing philosophy and identify the central purpose of criminal punishment

q  Name the seven goals of criminal sentencing

q  List and explain the sentencing options in general use today

2

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Learning Objectives

q  Explain what a model of criminal sentencing is and identify models in use today

q  Describe three-strikes laws and their impact on the correctional system

q  Identify and explain some major issues related to fair sentencing

3

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Sentencing

q  Imposition of a criminal sanction by a sentencing authority

q  Sentence: Penalty a court imposes on a person convicted of a rime

q  Social order: Smooth functioning of social institutions, positive relations among individual members of society, and orderly functioning of society as a whole

4

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Goals of Sentencing

q  Revenge: Punishment as vengeance q  Emotional response to real or imagined injury or insult

q  Retribution: Retaliation against a criminal perpetrator q  Belief that victims are entitled to reprisal

q  Just deserts: Punishment deserved q  Offenders are morally blameworthy and hence deserving of punishment

5

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Goals of Sentencing

q  Deterrence: Discouragement or prevention of crimes through the fear of punishment q  Specific deterrence: Deterrence of the individual being punished from additional crimes

q  General deterrence: Use of the example of individual punishment to dissuade others from committing crimes

6

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Goals of Sentencing q  Pleasure-pain principle: Idea that actions are motivated primarily by a desire to experience pleasure and avoid pain

q  Incapacitation: Use of imprisonment or other means to reduce an offender’s capability to commit future offenses q  Correctional econometrics: Study of the cost- effectiveness of correctional programs and related reductions in the rate of crime

7

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Goals of Sentencing

q  Rehabilitation: Changing of criminal lifestyles into law-abiding ones q  Involves correction of behavior through treatment, education, and training

q  Reintegration: Process of making the offender a productive member of the community

8

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Goals of Sentencing

q  Restoration: Process of returning to their previous condition all those involved in or affected by crime q  Restorative justice: Systematic response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime

q  Victim-impact statement: Description of the suffering that a crime has caused victims

9

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Restorative Justice or Community Justice Programs Vic$m– offender   media$on

Vic$m– offender

reconcilia$on

Vic$m-­‐impact   panels

Restora$ve   jus$ce  panels

Community   repara$ve   boards

Community-­‐ based  courts

Family  group   conferences

Circle   sentencing

Court   diversion   programs

Peer   media$on

10

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Sentencing Options

q  Fines or other monetary sanctions q  Probation q  Alternative or intermediate sanctions q  Incarceration q  Death Penalty q  Restitution: Payments made to the victim by a criminal offender, as compensation for the harm caused

11

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Types of Sentences

q  Mandatory sentences: Sentences required by law under certain circumstances

q  Presentence report (PSR): Provides a social and personal history and an evaluation of a defendant q  Helps the court in determining a sentence q  Prepared by a court’s probation department

12

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Types of Sentences

q  Consecutive sentences: Sentences served one after the other q  Imposed when a person is convicted of multiple offenses

q  Concurrent sentences: Sentences served simultaneously

13

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Sentencing Models

q  Model of criminal sentencing: Strategy or system for imposing criminal sanctions

q  Flat sentences: Specify an amount of time to be served in custody and do not allow variation from the time specified

14

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Sentencing Models q  Indeterminate sentence: Judge specifies a maximum and minimum length of time, and parole board determines the actual time of release q  Good time: Amount of time prison authorities deduct from a sentence for good behavior or other reasons

q  Determinate sentence: Sentence of a fixed term of incarceration q  Can be reduced by good time

15

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Guideline Sentencing

q  Voluntary/advisory sentencing guidelines q  Not required by law q  Based on past sentencing practices

16

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Guideline Sentencing

q  Presumptive sentencing guidelines q  Developed by a sentencing commission

q  Sentencing commission: Create a schedule of sentences that reflect the gravity of the offenses committed and the prior record of the offender

q  Guidelines are explicit, highly structured, and are mandatory

17

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Federal Sentencing Guidelines

q  Take into account: q  Defendant’s criminal history q  Nature of the criminal conduct q  Particular circumstances surrounding the offense

q  Federal trial judges must follow the guidelines in their sentencing decisions

18

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Sentencing Enhancements

q  Legislatively approved provisions that mandate longer prison terms: q  For specific criminal offenses committed under certain circumstances

q  Because of the offender’s past criminal record

19

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Federal Fair Sentencing Act q  Reduced disparity in the amounts of powder cocaine and crack cocaine stated by the federal sentencing guidelines

q  Eliminated mandatory minimum sentence for simple possession of crack cocaine

q  First conviction for simple possession of crack cocaine is subjeimprisonmentct to a penalty of zero to one year of q  Regardless of quantity

20

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Mandatory Minimum Sentencing

q  Imposition of sentences required by statute for those: q  Convicted of a particular crime q  Convicted of a particular crime under special circumstances

q  With a particular type of criminal history

21

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Mandatory Minimum Sentencing

q  Three-strikes laws – Sentence enhancements used to: q  Deter known and potentially violent offenders

q  Incapacitate persistent criminals q  Goals of mandatory sentencing are deterrence and incapacitation

q  Has had an impact on crime and the operations of the criminal justice system

22

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Habitual Offender Statute

q  Allows a person’s criminal history to be considered at sentencing

q  Makes it possible for a person previously convicted of another specified offense to receive a more severe penalty than that for the current offense alone

23

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Three-Strikes Models: Differences in Washington and California Laws

Washington  Law

•  All  three  strikes  must  be  for

felonies  specifically  listed  in  the

legisla$on

•  No  two-­‐strikes  provision

•  Third-­‐striker  gets  a  life  term  in

prison  without  the  possibility  of

parole

California  Law

•  Only  the  first  two  convic$ons

need  to  be  from  the  state’s  list  of

strikeable  crimes

•  Contains  a  two-­‐strikes  provision

•  Third-­‐striker  has  at  least  the

possibility  of  being  released  aKer

25  years

24

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Impact of Three-Strikes Laws on Local Courts and Jails

q  High populations in jails due to: q  Defendants facing enhanced penalties demanding jury trials

q  Added time to process cases through trials q  Courts’ reluctance to grant pretrial release to defendants facing long prison terms

q  In recent times, counties have been effectively disposing of two- and three- strikes cases early in the process

25

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Impact of Three-Strikes Laws on Local Courts and Jails

q  Increase costs q  Funnel increasingly older persons into correctional institutions

q  Solution – Realignment q  Reduces state expenditures on correctional clients

26

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

The Current Applicability of Three-Strikes Laws and Habitual Offender Statutes

q  Budgetary shortfalls in the correctional systems have led some states to: q  Use habitual offender statutes less frequently q  Release repeat offenders early q  Release nonviolent and relatively minor drug offenders

27

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Fair Sentencing

Sentencing  prac$ces  that  incorporate   fairness  for  both  vic$ms  and  offenders

28

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Issues in Sentencing

•  Severity  of  punishment  should  match  the  seriousness  of  the  crime   Propor$onality

•  Similar  crimes  and  offenders  should  be  treated  alike     Equity

•  Severity  of  punishment  should  take  into  account  the  offender’s   prior  criminal  behavior

Social  debt

•  Requires  offenders  to  serve  a  substan$al  por$on  of  their  sentence   •  Reduces  the  discrepancy  between  sentence  imposed  and  actual   $me  spent  in  prison

Truth  in  sentencing

29

 

 

Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.

Broader Issues

q  Guideline-based determinate sentencing and restorative justice are inherently at odds with one another

q  Solution q  Seeking greater community involvement in the development of sentencing guidelines

q  Creation of a hybrid system of restorative sentencing guidelines

30

CJ490: Unit 10 Research Methods in Criminal Justice

CJ490: Research Methods in Criminal Justice

Unit 10 Worksheet

 

Student Name: _______________________________________________________

Using the DeFronzo research study, break down the study into its corresponding research components. Answer each the following six questions below based on each separate research component. You answers should be 200-350 words each. Cite your work using APA as needed. Provide your full source references at the end of worksheet.

 

1. Identify the research purpose of this study. What is the central research question being addressed?

 

 

 

 

 

 

 

 

 

 

 

2. Identify the independent variable(s). Identify the dependent variable(s). Identify any additional control variable(s).

 

 

 

 

 

 

 

 

 

 

 

3. Identify the general population of subjects being used. Based on this population, what sampling strategy did DeFronzo employ? Identify the sampling technique and describe the resulting sample of subjects (people, places, or things) analyzed in the study.

 

 

 

 

 

 

 

4. Identify the research design used. Explain why this particular design was utilized in comparison to other possible designs.

 

 

 

 

 

 

5. Identify the data collection methods used in this study to measure the variables.

 

 

 

 

 

 

 

 

6. Assess the validity and reliability of this research study based on the research components

Investigative Conclusion and Testimony

FINAL PROJECT – Investigative Conclusion and Testimony

  • No directly quoted material may be used in this project paper.
  • Resources should be summarized or paraphrased with appropriate in-text and Resource page citations.

***Read the parts of each section of this project carefully  as you are being asked to answer questions assuming different roles for  different questions.

SECTION I

In the course of this investigation you, as the Information Security  Analyst for Provincial Worldwide, have or will need to interview (or  perhaps “interrogate”) several people to provide context for the  evidence you have collected as well as the rational for your searches.  Ms. McPherson and Provincial Worldwide management are asking for  everything to be documented and would like you to provide them responses  to the following pieces of information:

  1. Provide a list of people you believe should be interviewed for this  investigation and how they relate to the investigation.  What  information could they possibly supply?
  2. Provide a narrative description of the interview setting and the  intended process, before, during, and following the interview (remember  that depending on the type of interview, the setting may be different).
  3. Explain to the management why these stages are important to a successful interview and investigation.

SECTION II

For the purpose of the first part of this Section, you are still the  Information Security Analyst for the company. Consider this project a  continuation of the work you performed in Projects #1 and #2.

After seeing you search Mr. Belcamp’s work area and take  several pieces of evidence, Ms. Victoria Evans who works in the office  across the hall, comes forward with an odd story. Ms. Evans states that  she is Mr. Belcamp’s girlfriend, but lately things in their relationship  had begun to sour. She produces a thumb drive she says Mr. Belcamp gave  her earlier that day. She tells you Mr. Belcamp told her to “keep it  safe” and asked her to take it home with her at the end of the day. Ms.  Evans tells you she really likes her job at Provincial Worldwide and has  no interest in being wrapped up in whatever Mr. Belcamp has done to  invite negative attention.

1. The laboratory has asked you to write a short summary of what  information you want them to look for on the submitted thumb drive.  Identify, for the lab, what digital or non-digital evidence you would  like them to look for and explain why that evidence would be important  to the case.

2. Because you are the most familiar with the investigation, Ms.  McPherson is asking you to brain storm all the locations outside of Mr.  Belcamp’s immediate work space where pertinent digital evidence might be  found to help with your case. Identify all of these locations,  including places where police would have to be involved to search.  Identify what places are legal for the company to search, and which ones  would require police involvement. Support your inclusion of each  location with a short description of what type of evidence might be  found there.

Now, please assume a different character for the purpose  of this next segment of the assessment… You are a forensic examiner at  the above mentioned Provincial Worldwide lab. Mr. Stephen Bishop, a  newly promoted Regional Security Operations Manager, sent an email to  Ms. McPherson who has forwarded it to respond.

3. Write a response to the following email that you have received:

To: You, Provincial Worldwide, Digital Forensics Examiner

From: Ms. Carol McPherson

This case has made Provincial Worldwide upper management recognize  the importance of forensic readiness. They have asked that you nominate  three (3) forensic examination/analysis (software) tools for them to  keep in their budget for the following year. They also state that they  want to make sure that the tools nominated are ones that would meet  criminal justice-level standards and evidentiary requirements under the  Daubert Standard. Please construct a table (chart) that identifies the  tool name and their manufacturer, and the capabilities of the tools.   Since these tools must meet the Daubert standard, please provide an  explanation of how the three tools meet the standards of Daubert.  (Management specifically wants tools that can examine/analyze the  digital data inside the devices and is not interested in your input on  additional tools that write protect or image devices at this time.)

After receiving the package from the Data Security Analyst  in the field, you sign the chain of custody form and get set to begin  your examination.

4. After taking the thumb drive out of storage, you, as the digital  forensics analyst, sit down to examine the data. (Presume all personal  protective equipment discussed in the course readings is already in  place.) Prior to looking through the data contained on the device, you  have to make a forensic image. Document what step you take prior to  making the image and why this step is important to your overall case.  Explain your actions and reasoning thoroughly.

Fortunately, the Information Security Analyst was on  his/her game, and ALSO sent you copies of several files, reported to be  the source code of “Product X”.

5. You, as the digital forensics examiner, used hash values to help  locate the source code on the thumb drive. Using verbiage that would be  appropriate to communicate to a judge and jury that may not understand  computer technology at all, detail and explain the following:

• What is a hash value, and how did you use it to identify the source code was present?

• Explain an additional use of hash values in the context of digital forensics.

You complete your laboratory examination and return the  evidence, with your report, back to the Information Security Analyst at  the field office.

Now, reverting back to your role as the Information  Security Analyst back at the field office (a.k.a., you), you receive the  report from the Lab which shows that the complete “Product X” source  code was found on Mr. Belcamp’s thumb drive. In addition, while the  evidence was at the lab for examination, you determined it is also  likely that Mr. Belcamp emailed copies of the source code to his  personal email address.

6. Do you recommend reporting the crime to law enforcement? Why or  why not? Are private companies required to report crimes to law  enforcement?

7.  Explain what additional steps you could take to prove that the source code had been sent to his personal email address.

The decision is ultimately made to report the theft to law  enforcement and, using primarily the evidence that you developed during  your investigation, Mr. Belcamp is brought to trial for the crime. You  (now as the forensic examiner from the Lab) are qualified as an expert  witness at the trial and called to testify.

8. What is the significance of you being qualified as an expert  witness? How is it different from being a simple fact witness? Explain  thoroughly.

9. Mr. Belcamp’s attorney in this case calls you to the stand and  brings up the fact that you write a personal blog about digital  forensics in your off-time, from which it appears you are a staunch  supporter of law enforcement.  She believes you are biased in support of  law enforcement and that you only had your company’s bottom line in  mind. The company’s attorney however, prepared you for these types of  questions and had you prepare for trial by practicing answering the  following questions – respond to Mr. Belcamp’s attorney by typing up a  transcript for your response (You may use first-person grammar, I, me,  my, etc., in your response for this question).

“How do we know you are not biased in this case, choosing to report  only what would help law enforcement and your company’s bottom-line? How  can we know from your work that your analysis should be accepted by the  court?”

Project Requirements:

• Each question should be answered thoroughly looking at all the  issues presented, so do your research, be specific, be detailed, and  demonstrate your knowledge; submitting your project through the  appropriate assignment folder.

• This project should be submitted in a single Microsoft Word  document (.DOC/.DOCX), with answers separated and/or numbered in respect  to the question, so as to make it clear which question is being  answered. It may be in a question and answer format, or as described  with answers to the associated question numbers;

• The paper should be written in third-person grammar, not first  person (which means – I, me, myself, etc.); except for question nine  (9).

• The submission is to have a cover page that includes course number,  course title, title of paper, student’s name, and the date of  submission per APA writing format;

• Format: 12-point font, double-space, one-inch margins;

• It is mandatory that you do some research, and utilize outside  resources! You must have a reference page at the end of your project  that is consistent with APA citation style and format (see https://owl.english.purdue.edu/owl/resource/560/01/ for help).

Criminal Justice Administrator Maslow’s Hierarchy Of Needs 3 Page Essay

Due Tuesday May 5, 2020

By 12 Noon PST

Maslow’s hierarchy of needs is just one of several motivational theories discussed in this unit. It is a foundational concept in the role of a criminal justice administrator, whether in law enforcement, corrections, or courts.

For this assignment, you will examine Maslow’s hierarchy of needs. Each of the levels in the hierarchy of needs must be examined in detail as it relates to administration and personnel. Make certain that your essay meets the criteria below. SafeAssign will be used to check for plagiarism. 

First, create an introduction.

Then, explain how a criminal justice administrator could apply Maslow’s model in each of the leadership theories (trait, style, and situational leadership). Give an example from each of the three criminal justice sectors (law enforcement, corrections, and courts) to support your explanation.

Briefly identify one other motivational theory that can also be applied in all three criminal justice sectors.  Give an example of how it could be used in each.

Discuss how the application of Maslow’s hierarchy of needs contributes to effective communication in a criminal justice organization.

Give an example from each of the three criminal justice sectors (law enforcement, corrections, and courts) to support your discussion.

Finally, analyze the connection between Maslow’s beliefs and how they relate to an administrator’s requirement to be aware of and respect the rights of employees. Give an example from each of the three criminal justice sectors (law enforcement, corrections, and courts) to support your analysis.

Your essay must be a minimum of three (3) pages in length, not counting the title page and references page. You are required to use at least two sources to support your essay. All sources used must be properly cited. Your essay, including all references, will be formatted in APA Style.

SafeAssign will be used to check for plagiarism