Ch4. Sentencing — Types of Punishment and Post-Conviction Relief

Types of Punishment

Death Penalty:
Deprivation of life. Available for certain federal
  offenses and in ~27 states.
US: federal executions resumed in 2019 after a 17-year
  hiatus; constitutional under Eighth Amendment as
  applied to adults (Gregg v. Georgia, 1976).
Prohibited for: juvenile offenders (Roper v. Simmons,
  2005); intellectually disabled defendants (Atkins v.
  Virginia, 2002).

Imprisonment — Determinate:
Fixed term; defendant serves the stated sentence
  (minus good-time credits).
Federal system: determinate sentencing (Sentencing
  Reform Act 1984); parole abolished.

Imprisonment — Indeterminate:
Range (e.g., 5–15 years); parole board decides release.
Still used in many states.

Life Without Parole (LWOP):
Mandatory in some federal offenses; prohibited for
  juvenile homicide (Miller v. Alabama, 2012).

Fines:
Federal: Day-fine system not used; set amounts.
Misdemeanors: up to $100,000; felonies: up to $250,000
  (18 U.S.C. § 3571), or twice the gain/loss.
Non-payment: civil contempt, not imprisonment (Bearden
  v. Georgia, 1983 — cannot imprison solely for
  inability to pay).

Forfeiture:
Criminal forfeiture: property used in or derived from
  crime (18 U.S.C. §§ 981–982).

Probation and Supervised Release

Probation:
Court suspends incarceration sentence; defendant remains
  in community under supervision.

Federal eligibility:
Misdemeanors: up to 5 years probation.
Felonies: up to 5 years (18 U.S.C. § 3561).
Not available for Class A or B felonies (except split
  sentence).

Conditions:
Report to probation officer; no new offenses; no
  possession of firearms; drug testing, restitution,
  community service, etc.

Revocation:
Violation of conditions → revocation hearing
(Morrissey v. Brewer, 1972; Gagnon v. Scarpelli, 1973).
Judge may impose original sentence.

Federal Supervised Release:
Mandatory post-incarceration supervision (replaces
parole in federal system since 1987).
Term: 1–5 years (Class A/B felony: up to 5 years;
some offenses: lifetime supervision).
Violation → revocation → re-imprisonment for up to
  the statutory maximum supervised-release term.

Parole (State Systems)

Parole:
Early conditional release from incarceration granted
  by a parole board.

Requirements:
Served minimum term (varies by state and offense).
Demonstrated rehabilitation/good conduct.

Parole Period:
Remainder of sentence served in the community.

Revocation:
New offense or violation of conditions → parole
  revocation hearing → return to prison for remainder
  of original sentence.
Due process at revocation: written notice, hearing,
  statement of reasons (Morrissey v. Brewer, 1972).

Federal Note:
Parole abolished for federal offenses committed after
  November 1, 1987 (Sentencing Reform Act 1984).
Federal inmates released early via good-time credits
  then serve a mandatory supervised-release term.

Non-Custodial Alternatives and Collateral Sanctions

Community Service / Work Programs:
Hours of unpaid community labor ordered as condition
  of probation or as standalone sentence.

Restitution:
Payment to victims for losses; mandatory in federal
  system under MVRA (18 U.S.C. § 3663A).

Electronic Monitoring (GPS Ankle Bracelet):
Location tracking; used for sex offenders, DV
  offenders, high-risk releasees on supervision.

Sex Offender Registration (SORNA):
Sex Offender Registration and Notification Act
  (34 U.S.C. § 20901 et seq.).
Tiers I–III based on offense severity.
Public registry; residency and employment restrictions.

Collateral Consequences:
Felon disenfranchisement (varies by state).
Loss of right to possess firearms (18 U.S.C. § 922(g)).
Deportation for non-citizens (8 U.S.C. § 1227).
Employment and licensing restrictions.

Probation Eligibility ★★★★★ : Federal probation available for most misdemeanors and lower-level felonies; not available for Class A/B felonies without split sentence. Conditions must be reasonably related to offense and rehabilitation. Memory tip: Probation = community supervision in lieu of imprisonment.

Parole vs. Supervised Release ★★★★★ : Parole = discretionary early release by a parole board (state systems); abolished in federal system post-1987. Supervised release = mandatory post-imprisonment supervision imposed by the sentencing court (federal system). Memory tip: Parole = board decision (state); supervised release = court-imposed (federal).

Non-Custodial Alternatives ★★★★☆ : Probation, community service, restitution, fines, electronic monitoring, treatment programs, halfway houses. Memory tip: Prison is one option — courts have a menu of alternatives.

Practice Quiz

Q. What is the difference between probation and supervised release in the federal system?

Probation: the court suspends the sentence of imprisonment entirely; the defendant serves no prison time and is supervised in the community. If conditions are violated, the court may impose the original sentence. Supervised release: the defendant serves a prison term first, then is released under court-imposed conditions. It replaced parole in the federal system after the Sentencing Reform Act of 1984. Violation of supervised release can result in re-imprisonment for up to the length of the supervised-release term.

Q. Why cannot a court imprison a defendant solely for failure to pay a fine?

Under Bearden v. Georgia (1983), the Fourteenth Amendment’s Equal Protection and Due Process Clauses prohibit imprisoning an indigent defendant solely because of inability to pay a fine or restitution. A court must inquire whether the failure to pay was willful or the result of a bona fide inability to pay, and consider alternatives (community service, extended payment plans) before revoking probation and imposing imprisonment for non-payment.