This chapter examines sentencing as a formal stage in criminal justice. It considers the potential outcomes of sentencing, especially the deprivation of status, property, autonomy, liberty, and even life itself. The discussion begins by focusing on the link between punishment theories and sentencing practice. It then outlines several themes of sentencing, including the nature of discretion and multiple decision-makers, the comparative punitiveness of certain criminal justice systems, and the conflict between individualized sentences and unjustifiable disparities. The chapter then turns to look at different schemes based on their relative level of determinacy, with emphasis on sentencing in the United States.
Nora V. Demleitner
This chapter discusses different types of punishment in the context of criminal law. It begins by considering the four most common theories of punishment: retribution, deterrence, rehabilitation, and incapacitation. Attention then turns to physical punishments, with an emphasis on the death penalty, and removal of an offender from a territory through banishment. It also examines imprisonment as a form of punishment, along with probation and community supervision, the establishment of drug courts aimed at rehabilitating instead of incarcerating (nonviolent) drug offenders, and financial sanctions or fines. The chapter concludes by explaining integrative and disintegrative sanctions, preventive sanctions, and collateral sanctions.