CJ - Types of Sentences Lesson

 

Types of Sentences Lesson

Does Punishment Deter Crime?

Deterrence is the use of punishment as a threat to deter or prevent people from committing more crimes. There is debate regarding whether deterrence actually works. Many people from around the world believe that punishments in the United States are not severe enough. They believe this is the reason why there are so many crimes committed each year.  

Capital punishment, or the death penalty, is harsh enough. However, many people believe it takes too long and costs too much money to sentence a person to death. Since the death penalty began in 1930, there have been more than four thousand inmates that have been executed. Although the death penalty seems like a deterrence for cases involving homicide, it has been found that the murder rate has remained the same since its beginning.  

Do you think the death penalty should be outlawed in the United States?  

 

Capital Punishment in Other Countries

Teal blue: Abolished for all crimes      

Lime green: Abolished for all crimes except under exceptional/special circumstances (such as crimes committed in wartime)  

Orange: Not used in practice (under a moratorium or have not used capital punishment in at least 10 years)    

Red: Retainers of the death penalty in law and practice - 36 (18%)

*Note - Accurate as of March 2015 when Suriname abolished capital punishment.

 

Retribution is a type of sentence, or way of making the accused pay for their crimes. Retribution can occur by sentencing the offender to prison or by providing the victim with actual payment for injury that occurred during the crime. There are many alternatives to serving prison time, including probation. Probation allows people who have been sentenced to continue to support their families while they are paying back the community for their crimes.

Sentences are punishments for those accused of a crime. They are prescribed punishments for crimes and can be found in state and federal statutes.

The 8th Amendment places limitations on the severity of punishments, including cruel and unusual punishments. Cruel and unusual punishments in the United States include: Public humiliation, excessive fines placed on bail, and pain and suffering.

Civil vs. Criminal Forfeiture

Forfeiture is the deprivation or destruction of rights in consequence of an obligation or condition. There are both civil and criminal types of forfeiture. Civil forfeiture involves taking property without charging a person of a crime and without a criminal conviction. Property can be taken by the government if the police believe it was purchased with illegal profits used to facilitate a crime. The police must show probable cause in order to seize property under the rules of civil law. The owner can reclaim the property that has been seized by filing a lawsuit. At the trial, the burden of proof rests on the owner to prove the property was not used or purchased with illegal funds or used as part of a crime. A criminal forfeiture requires proof the property was gained through illegal activity. A criminal forfeiture also requires a criminal conviction before the property can be seized.  

 

 

During Prohibition, police inspected equipment suspected of being used to make alcohol; under civil forfeiture laws, police could seize the equipment without having to charge any owners with a crime.

 

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