Punishment and Sentencing Paper
Punishment and Sentencing Paper
CJA/224
Garrett LeGrange
September 17, 2010
There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happening and both courts sentence those found guilty to some sort of punishment through the punishment philosophy that the court determines is a suitable approach for preventing future crime. Deterrence is the first punishment philosophy. Deterrence is the philosophy that if fear of punishment for committing crimes is present, then crimes are less likely to be committed. Deterrence in today's society is more for police and their presence in the community to prevent or slow down crime. The idea of deterrence also can be helped through punishment of crimes to be carried out swiftly and being a punishment that will make others think twice before committing the same crime. With the philosophy of deterrence, people are going to be less likely to commit a crime if they are more than likely going to be caught committing the crime, and they will be punished for committing the crime. The adult court systems rely on deterrence to come from punishments people found guilty are sentenced to. Punishments should fit the crime and when punishments are severe, most people will reconsider committing the same crime in fear that incarceration will result. Juvenile courts use the threat of punishment as a deterrent for minors that commit crimes. Rehabilitation is another punishment philosophy. In this philosophy, people that are found guilty of committing crimes might need to have a change in behavior to prevent a person from committing future crimes. Under this philosophy people who commit
CJA/224
Garrett LeGrange
September 17, 2010
There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happening and both courts sentence those found guilty to some sort of punishment through the punishment philosophy that the court determines is a suitable approach for preventing future crime. Deterrence is the first punishment philosophy. Deterrence is the philosophy that if fear of punishment for committing crimes is present, then crimes are less likely to be committed. Deterrence in today's society is more for police and their presence in the community to prevent or slow down crime. The idea of deterrence also can be helped through punishment of crimes to be carried out swiftly and being a punishment that will make others think twice before committing the same crime. With the philosophy of deterrence, people are going to be less likely to commit a crime if they are more than likely going to be caught committing the crime, and they will be punished for committing the crime. The adult court systems rely on deterrence to come from punishments people found guilty are sentenced to. Punishments should fit the crime and when punishments are severe, most people will reconsider committing the same crime in fear that incarceration will result. Juvenile courts use the threat of punishment as a deterrent for minors that commit crimes. Rehabilitation is another punishment philosophy. In this philosophy, people that are found guilty of committing crimes might need to have a change in behavior to prevent a person from committing future crimes. Under this philosophy people who commit
References: Meyer, J. and Grant, D. (2003). The Courts in our Criminal Justice System. Upper Saddle River, NJ: Prentice Hall http://www.suite101.com/content/the-philosophies-of-punishment-a199184 Hodgkinson, P., and Rutherford, A. (1996) Capital Punishment, Global Issues and Prospects, (Waterside Press). Honderich, T. (1971) Punishment The Supposed Justifications, (Pelican Books). Hudson, B. (1987) Justice Through Punishment: A Critique of The Justice Mode of Corrections, (MacMillan Education Ltd). Zedner, L. (2004) Criminal Justice, Clarendon Law Series, (Oxford University Press). Honderich, T. (1971) Punishment The Supposed Justifications, (Pelican Books). Hudson, B. (1987) Justice Through Punishment: A Critique of The Justice Mode of Corrections, (MacMillan Education Ltd). Zedner, L. (2004) Criminal Justice, Clarendon Law Series, (Oxford University Press). Honderich, T. (1971) Punishment The Supposed Justifications, (Pelican Books). Hudson, B. (1987) Justice Through Punishment: A Critique of The Justice Mode of Corrections, (MacMillan Education Ltd). Zedner, L. (2004) Criminal Justice, Clarendon Law Series, (Oxford University Press).