Sentencing is a key function of the justice system, determining what kind and duration of penal sanction will be exacted from which individual defendants. Perhaps more than any other aspect of the justice system, sentencing expresses the prevailing attitudes and values of society as it regards punishment for lawbreaking.

Sentencing is affected primarily by state law, prosecution and defense practices, presentence reporting, and the judiciary. Among the 50 states, there is great variety in the structure of sentencing, but most schemes are either determinate or indeterminate, and most try to strike a balance and address the dilemma between adequate discretion and consistency in decision making.

The main theories of sentencing are retribution, deterrence, incapacitation, and rehabilitation. Most systems combine these goals. The structure and process of sentencing in the United States remained stable for over 75 years before guidelines became more prevalent. There are other approaches as well, including increasing trends of trying youth in adult court, mandatory incarceration, and restorative justice. Sentencing is directly related to rates of incarceration and the resulting associated costs.

• To understand the basic functioning of the sentencing process.
• To understand the relationship between sentencing and the state of penal institutions.
• To grasp the function and process of the presentence report.
• To clearly understand the part that risk assessment plays in sentencing.
• To be able to name and discuss four theories of sentencing     
• To be aware of the social factors that influence sentencing policy.
• To gain an understanding of restorative justice philosophy and practice.