| Cases and Resources
Chapter 15: Criminal Justice Process:
Sentencing and Corrections
Sentencing
Options
Purposes of Punishment
Parole
Capital Punishment
Corrections
Sentencing
Options
Criminal
Sentencing Statistics
Judges often have several options when delivering a sentence.
Analyze the U.S. Department of Justice’s statistics
on the types of sentences handed down for specific criminal
offenses.
Criminal
Offender Statistics
The U.S. Department of Justice provides statistics on an offender’s
likelihood of going to prison based on the crime committed
and the person’s criminal record. Learn more about the
statistical characteristics of those already in prison.
Adult
Correctional Population
The population of prisons grew steadily during certain portions
of time. Look at this chart and discuss why the trend in growth
increased so dramatically during since 1980.
Presentence
Report: Example
Examine a worksheet for filling out a presentence report in the United States District Court. What information would be included in such a report?
Federal
Rules of Criminal Procedure: Presentence Report
Read the language of the Federal Rules of Criminal Procedure
to see exactly what the purpose and requirements of a presentence
report are. These rules apply only to federal courts. State
courts have different rules for criminal procedure that vary
state to state.
Federal
Sentencing Guidelines
Judges do not have complete discretion when handing down a
sentence to a convicted defendant. Examine the guidelines
provided to federal judges in choosing an appropriate sentence.
Researching
Mandatory Minimums
Mandatory minimum sentences often exist for certain types
of crimes, such as drug-related offenses. This article explores
the policy of mandatory minimums and the effectiveness of
forcing harsher sentences on specific defendants. What do
you think?
Sentencing
Alternatives
This site, created by a Colorado attorney, describes the types
of sentencing alternatives available to judges and what factors
a judge considers when deciding on the appropriate sentence.
Families
Against Mandatory Minimums
Browse through this site focusing on the opposition to mandatory
sentencing. This organization argues that mandatory minimum
sentences are unfair and cause more hardship and suffering
than benefits to society.
Court
TV: Look at Mandatory Minimums
Explore an in-depth report on mandatory minimums and the effect
of such policies. What arguments can be made to support mandatory
minimum sentencing?
Three
Strikes and You’re Out: Stop Repeat Offenders
Browse the articles and information on this site supporting
the Three Strikes Law. There are opinion articles, links to
cases, and statistics available on this site.
Ewing
v. California and Lockyer
v. Andrade
Read the full text of the decision and dissent upholding California’s
Three Strikes Law. What is the reasoning for finding the law
constitutional? What are the major arguments of the dissent?
The
Sentencing Project Report on Three Strikes Law
This report explores the effects and the status of the Three
Strikes Law seven years after being implemented. The report
argues that the Three Strikes Law should be abolished.
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Purposes
of Punishment
Prisons
and Punishment
FindLaw provides a short explanation of prisons and how these
institutions fulfill the notion of punishment for crimes.
The Eighth Amendment forbids cruel and unusual punishment,
so prisons must be managed in a way that does not violate
the health and safety of a prisoner.
The
Eighth Amendment: Cruel and Unusual Punishment
Read FindLaw’s notes on the Eighth Amendment that define
and explain cruel and unusual punishment.
Violent
Offender Incarceration and Truth in Sentencing Act
Type “H.R. 3584” into the Bill Number search box
to read the full text of the act passed by Congress directed
at curbing violent crimes in states. The act provides federal
funds to states that enforce sentences handed down to violent
criminals. This means that criminals will have a more difficult
time receiving parole, victims and victims’ families
will be allowed to speak during sentencing or at the possibility
of parole, and a certain portion of sentences must be served
before parole is an option.
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Parole
United
States Parole Commission
Learn from the U.S. Department of Justice Parole Commission
what parole is and the basics of parole.
Probation
and Parole Statistics
Analyze statistics on people on probation and parole in the
United States. Explore trends and changes.
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Capital
Punishment
Death
Penalty
Listen to programs or read articles exploring the death penalty
as a deterrent, race and the death penalty, the execution
of certain classes or prisoners (such as the mentally retarded)
and how to teach about the death penalty.
Capital
Punishment Statistics
Explore statistics provided by the U.S.
Department of Justice on capital punishment in the United States.
Furman
v. Georgia
Read a summary, link to the full text of the opinion, or listen
to the oral arguments from this page. This case held that
the death penalty at the time was applied in a cruel and discriminatory
fashion.
Lockett
v. Ohio
This 1978 Supreme Court case, following Furman, held
that the new death penalty laws were constitutional as long
as mitigating circumstances were considered in sentencing.
Read the full opinion or listen to the oral arguments from
this page.
The
History of the Death Penalty in America
Take a closer look at the history of the death penalty in
America. In addition to an article on the history, this site
also features statistics and charts.
The
Case Against the Death Penalty
This article argues that the death penalty should not be a
form of punishment in the United States. Compare this opinion
to the arguments supporting capital punishment.
Defense
of the Death Penalty
This article argues that the death penalty should be a form
of punishment in the United States. Read this opinion and
compare it to the argument opposing capital punishment.
Thompson
v. Oklahoma
Read a summary of the case that found the death penalty for
juveniles to be a violation of the Eighth Amendment. From
this site, you may also link to the full text of the opinion
or listen to oral arguments.
Death
Penalty Information Center
Visit the Death Penalty Information Center to explore current
cases, DNA laws and practice, Supreme Court cases, statistics,
and opinions.
DNA
and the Death Penalty
Learn about the science of DNA, stories of people on death
row, and how DNA and the death penalty interact. There is
a link to a map explaining the capital punishment laws in
each state as well as a teacher’s guide.
DNA
and the Death Penalty Moratorium
Read about the death penalty moratorium instituted by Illinois
governor George Ryan. This article presents opinions from
both sides and provides links for further exploration of the
issue.
Opposition
to the Moratorium
Read this article opposing the moratorium on capital punishment.
This article argues that placing a hold on the death penalty
will cause an increase in capital crimes.
Aggravating
Circumstances
Examine the jury instructions, used in Oklahoma, which guide
a jury in deciding whether aggravating circumstances were
present in a homicide.
Mitigating
Circumstances
Read the jury instructions, used in Oklahoma, which guide
a jury in deciding whether mitigating circumstances were present
in a homicide. Connect to the previous or following sections
to learn more about what a jury must consider in sentencing
a defendant found guilty of the death penalty.
Atkins
v. Virginia
Read a summary of the Supreme Court case holding that the
death penalty for mentally retarded defendants violates the
Eighth Amendment. From this page, link to the full text of
the decision or listen to the oral arguments.
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Corrections
Jails
and Prisons: Types and Kinds
Read this explanation on the different types of institutions
for prisoners. There are federal and state institutions, with
different types of security in each.
Statistics
on State Prison and Jail Inmates
Browse a short list of statistics about inmates in state prisons
and jails. Who makes up the majority of state prisoners?
Prisoners
in 2002
Explore statistics about prisoners in the year 2002 and compare
these statistics to those of past years.
Incarcerated
Parents and Their Children
This report, compiled by the U.S. Department of Justice, explores
statistics related to incarcerated parents and their children.
Human
Rights Watch: Prisoners
There are many organizations that support the rights of prisoners.
Browse through this site by the Human Rights Watch organization
that reports on the human rights of prisoners in the United
States and in other countries.
Life
After Prison
Read the stories of and issues regarding prisoners being released
from jail and the experiences that many face when reentering
society.
Office
of Justice Programs: Reentry
This site provides information about reentry into society
from prison. Explore the federal and state resources available
to help people learn to live well when reentering society.
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