CRMJ 201 Lecture Notes - Lecture 6: Medical Model, Habitual Offender, United States Sentencing Commission
30 Oct 2018
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Document Summary
A punitive penalty ordered by the court after a defendant has been convicted of a crime by either a judge or jury or in plea bargain. Severity (including length) depend on person and crime. The most serious crime has both min and max. Positivist philosophy- rehabilitation: medical model- offender are sick and once they are cured or in remission they can be released. Be(cid:272)ause so(cid:373)e offe(cid:374)de(cid:396)s a(cid:396)e (cid:862)si(cid:272)ke(cid:396)(cid:863) tha(cid:374) othe(cid:396)s the(cid:455) (cid:374)eed to stay longer: tailored to the offender (rather than the crime) Allows inmates to be release after they have served a min period and demonstrated to the parole board that they have change their lives: truth-in-sentencing laws. In 1996 offender served 44% of their sentence on average. Realistic connection between the sentence imposed and the time the offender actually serves. Must serve at least 85% of sentence: this also led many states to restrict good time credit and parole eligibility, determinate sentencing.
