Introduction to Criminal Law: Lecture 3 of 3: Punishment and Sentencing in Criminal Law

Punishment and Sentencing in Criminal Law

This briefing document reviews the main themes and most important ideas presented in "Lecture 3 of 3: Punishment and Sentencing in Criminal Law." The lecture provides a comprehensive overview of the philosophies underpinning punishment, the types of penalties imposed, and the sentencing guidelines influencing judicial decisions.

I. Theories of Punishment

The lecture outlines four primary theories that justify the imposition of punishment:

Retribution: Based on the concept of "just deserts," this theory emphasizes that punishment should be proportional to the crime committed, ensuring moral accountability. As exemplified in State v. Gregg, the severity of the punishment should reflect the gravity of the offense.

Deterrence: Focused on preventing future crimes, deterrence aims to discourage both the individual offender (specific deterrence) and the general public (general deterrence) from engaging in criminal activity. Harsh penalties for drug trafficking, for instance, aim to deter potential offenders by demonstrating the consequences of such actions.

Rehabilitation: This theory prioritizes reforming the offender and addressing the underlying causes of criminal behavior. By providing opportunities for treatment and education, the justice system aims to reduce recidivism and facilitate reintegration into society. The case of Robinson v. California highlighted the unconstitutionality of punishing addiction without offering treatment, emphasizing the importance of rehabilitation.

Incapacitation: This theory focuses on protecting society by removing dangerous individuals from the community. Lengthy prison sentences for repeat violent offenders exemplify incapacitation, aiming to prevent further harm by limiting the offender's freedom. However, critics argue that incapacitation, especially under laws like "Three Strikes," can lead to over-incarceration and fail to address the root causes of crime.

II. Types of Punishment

The lecture details various types of punishment, each with its own purpose and potential impact:

Fines: Monetary penalties commonly used for less serious offenses, acting as both punishment and deterrent.

Probation: Allows offenders to remain in the community under supervision, often with specific conditions such as counseling or community service. This approach aims to rehabilitate individuals while allowing them to maintain ties to their community.

Imprisonment: Confinement in jail or prison for more serious offenses, serving the purposes of punishment, incapacitation, and deterrence. However, the effectiveness of imprisonment in rehabilitating offenders and its high cost are points of contention.

Death Penalty: The most severe punishment, reserved for the most serious offenses. It remains highly controversial due to concerns about wrongful convictions, racial disparities, and its constitutionality under the Eighth Amendment.

III. Sentencing Guidelines

The lecture explains how sentencing guidelines aim to ensure consistency and fairness in judicial decisions. Key types of guidelines include:

Mandatory Minimum Sentences: Require judges to impose specific minimum penalties for certain crimes, often limiting judicial discretion and potentially leading to disproportionate sentences. The Supreme Court case of United States v. Booker granted judges more flexibility in applying mandatory sentencing guidelines.

Discretionary Sentencing: Allows judges to tailor penalties based on the specific facts and circumstances of each case, considering factors such as criminal history and mitigating or aggravating circumstances. While intended to promote individualized justice, concerns remain regarding potential inconsistencies and biases.

Three Strikes Laws: Impose harsher penalties on repeat offenders, often mandating life imprisonment after a third felony conviction.