CJ - Types of Sentences Lesson

Capital punishment, or the death penalty, is legal in thirty-one states. There are nineteen states that do not have an enforceable death penalty statute. They include: Michigan, Wisconsin, Maine, Minnesota, Alaska, Hawaii,Vermont, Iowa, West Virginia, North Dakota, Massachusetts, Rhode Island, New Jersey, New York, New Mexico, Illinois, Maryland, Nebraska, and Connecticut. The death penalty application is limited to mentally competent people under the 8th amendment of the U.S. Constitution. In 2023, twenty-four inmates have been executed. There are just over two thousand people on death row in the United States.

Jails are short-term lock-up facilities that are located in counties and run by county sheriffs. Inmates that are held in jails include un-convicted defendants awaiting trial. These individuals usually fail to make bail, are being convicted of a misdemeanor, or felons who are required to serve jail time for probation violations. Prisons are long-term penal facilities that are operated by the state and federal government. Most prison inmates are convicted felons serving sentences of more than one year.

A period of supervision over an accused offender and is used instead of serving time in jail or prison. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. If the offender breaks the rules, the offender is likely to be sent to prison.

Intensive supervision probation is used for offenders that are required to have additional supervision. It allows offenders to live in the community but under severe restrictions. Oftentimes, ISP offenders are required to meet with their probation officers more frequently. They may also be required to submit to random drug testing. The average ISP caseload is approximately 25 cases per probation officer. Approximately one jurisdiction per state has implemented ISP.

Those accused can be sentenced to boot camps and live in military-style barracks. Individuals undergo rigorous physical and behavioral training for several months. In most cases, boot camps are reserved for first-time offenders in their late teens or early twenties. Boot camps are designed to instill discipline and hold youths accountable for their actions. Once the program is complete, offenders are re-sentenced to probation. They avoid prison time.

Individuals on house arrest are electronically monitored through an ankle bracelet, which sends electronic monitoring signals back to a parole office. Those sentenced to house arrest must spend much of their day within the boundaries of their home. House arrest can stand alone as a sanction or be used with electronic monitoring. It can also be coupled with fines, community service, and other sanctions. Some offenders are required to wear electronic monitoring devices that analyze an offender's breath to see if the offender drank any alcohol in violation of conditions of the house-arrest sentence.

People who are convicted of crimes may be ordered by the court to perform community services or to work for agencies as a substitution for incarceration or fines.

"Scarlet-letter" punishments are used to shame individuals of their crimes. They are generally cheap and provide moral satisfaction in place of traditional punishment. In the past, courts ordered individuals who were convicted of assault or child molestation to publicize their crimes by placing signs in their front yards. Some judges have ordered reoccuring drunk drivers to place bright orange bumper stickers on their vehicles announcing their problem and urging other drivers to report erratic driving to the police.

Asset forfeiture requires the government to seize personal assets obtained from or used directly in a crime. For example, a warehouse with all its contents may be seized if it was used in a drug operation.

Restitution makes an offender pay fines back to a victim, whereas a fine requires an offender to pay money to the government. The idea behind restitution is to make the offender pay the victim back for economic losses caused by the crime. The offender may, for example, be required to pay the victim's medical bills or pay a sum of money equal to the value of the property stolen. The biggest problem with restitution is collecting the money. To enforce restitution orders, a judge can attach, or garnish, an offender's assets or wages. Another way to enforce restitution is possible in cases in which restitution is a condition of probation. If the offender fails to pay restitution, a judge can revoke the probation and incarcerate the offender.

A fine is common for a first-time offender for crimes involving minor drug possession, traffic violations, and petty theft. In more severe cases, the judge combines fines with imprisonment or other punishments. If the fine isn't paid, offenders go to jail. Fines tend to discriminate against people who are in financial need, such as the poor.