The Purposes of Sentencing Essay examples

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

The purposes of sentencing are set out in the Crimes (Sentencing Procedures) Act 1999 (NSW) and fundamentally include deterrence, retribution, rehabilitation and incapacitation as the purposes by which a judge may impose a sentence. Deterrence intends to

Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has

Since the mid-1980s, reformers have championed retribution and incapacitation as the primary purpose of criminal punishment.

Retribution, Incapacitation, deterrence, and rehabilitation are four philosophies of punishment. Retribution is the punishment and is simply in proportion to the offenses seriousness. It is the "eye to eye" justice system. Incapacitation prevents further criminal activities and behaviors. It physically restraining the offender from future misconduct. Deterrence prevents through making examples of the offender being punished.

Retribution is what most commonly referred to as the “just deserts” model that says the punishment should match the “degree of harm a criminal has inflicted on their victims” (Stohr, Walsh, & Hemmens, 2013, p.6). In other words,

Deterrence does not fit the crime. The main aim of deterrence is to deter people from committing a crime by fear of future punishment and is mostly focused on violent offences. The Government used a method of CCTV to deter crimes such as violence, shoplifting and criminal damage in town centers, but unfortunately it does not work as was expected because these crimes just move to

In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against

Truth-in-Sentencing laws deter crime because they ensure that offenders are in prison for at least 85% of their sentence. Therefore, the convicted offenders stay in prison for longer periods and not able to commit additional crimes and endanger the member of society. TIS laws are the assurance of longer prison terms as punishment and serve as an effective deterrent from criminal actions to the serving offender and others who may be considering criminal acts. The laws provide the ability for the criminal justice system to operate more effectively by lowering violent crimes as well punishing violent criminals. According to the publication from University of Alabama at Birmingham (2005) citing data from Bureau of Justice Statistics, in the decade following the passage and implementation of the truth-in-sentencing laws in 1994, the arrests for violent crimes were reduced by 16% by the year of 2005. The TIS laws also limit some of the

The first goal of punishment is retribution. Retribution, also known as deserved punishment, it is when one is punished for committing a crime that harmed other people in some manner (277; ch.9). The purpose of this goal is for the criminal to understand that if you commit a crime, consequences will come with that. Depending on the crime that is committed will decide how serious the punishment is. A lot of factors are considered with retribution during the sentencing process. Factors such as the age of the defendant, their previous offense history, not only that but the victims of the crime. The judge might give the defendant a sentence that will not only punish him for the crime but also make the family feel that the proper sentence was given to the criminal.

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while

The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to