ABSTRACT

This chapter describes how the criminal law affects corrections and explains the people, agencies, and organizations involved in sentencing. It also describes the range of sentencing options and explains the differences between felony and misdemeanor sanctions. The chapter also explains why mass imprisonment has occurred. The statement that a person is innocent until proven guilty means that the state must prove guilt and that the defendant need not prove innocence. Most people are not familiar with the sentencing process for those convicted of a crime. Congress and each of the 50 state legislatures have the power to make substantive law, to define those behaviors that constitute crimes in the jurisdiction under their control. Prosecutors are the most powerful individuals in the criminal justice system and their role in determining the number and severity of charges a defendant faces in court has been identified as a key driver in high United States imprisonment rates.