PPT #3 Philosophies of Criminal Punishment

Slide #1
● Three Crime Categories
○ Felony = more than a year in prison
○ Misdemeanor = up to year/none it all
○ Infraction = prison/probation not possible, meaning no jury
(speeding ticket)

Slide #2
● Theories for Criminal Punishment
○ Retribution and revenge
○ Incapacitation (house arrest, solitary, freezing assets, jail)
○ Deterrence (dis-incentive from committing more crime)
○ Rehab (rehab, therapy)
○ Restoration (giving back to community, trash cleanup, crash
into someone’s fence [you have to rebuild it]

Slide #3
● Punishment Variations
○ None at all
○ A fine
○ Community service
○ Probation
○ Public shaming (dishonoring them in a public space)
○ Banishment
■ House Arrest
○ Corporal Punishment (beating) DONT HAVE IT
○ Imprisonment
○ Capital punishment/Death penalty

Slide #4
● Elements of Probation
○ Therapy
○ Restraining Orders
○ Restriction from leaving the area
○ Specifics to crime
■ Register as a sex offender
■ Attending domestic violence classes

Slide #5
● Jail vs. Prison
○ Jails run by counties
■ For ppl who await trial w/o bail
 ■ During trial
■ For less than a year
○ Prisons run by state/fed
■ Usual for felons
○ Private Prison
○ Suspended Sentence (start the sentence later)

Slide #6
● 8th amendment limitations
● Mandatory Minimum
● Mandatory Max (can’t go above or below)
● Judiciary discretion
○ Aggravating factors (adult with a minor, weapon, and
excessive)
○ Mitigating factors (mental state, remorse)
● Civil vs. Criminal Consequence
● DEBATE over Mandatory Sentencing
○ Pros
■ Minimizes overuse of judges personal opinion
■ Leverage for law enforcement
■ Keeps congress accountable for maintaining society
○ Cons