Preview

Purpose Of Sentencing

Powerful Essays
Open Document
Open Document
1122 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Purpose Of Sentencing
The role of sentencing plays an integral part in the criminal justice system process because it is how criminals are punished. And by punishing the criminals sentencing serves two ultimate purposes. Those purposes are: “deserved infliction of suffering on evildoers” and “the prevention of crime” (Professor Herbert Packer, 2006 Criminal Justice in Action: The Core). Sentencing effects society today because if there were no sentencing in the criminal justice system, then all of the criminals would be roaming free and that would make the world even worse than it is already.

In the purpose of sentencing, there are four fundamental philosophies. Those are retribution, deterrence, incapacitation, and rehabilitation. Retribution is the philosophy
…show more content…
The first one is on the Legislative authority. When the public opinion moves toward more severe strategies of retribution, deterrence, and incapacitation, the legislatures have responded to this by asserting their power over the sentencing guidelines. Because they are responsible for making up the laws, they are also responsible for passing the criminal code that will determine the length of ones sentence. Within the Legislative Sentencing Authority, there are three different types of sentencing. First you have the indeterminate sentencing. This is a term of incarceration in which a judge determines the minimum and maximum terms of imprisonment. When the minimum term is reached, the prisoner becomes eligible for parole. The next type is determinate sentencing. This is when a period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials. Another name for this sentence is fixed sentence. As the names implies, the offender serves exactly the amount of time to which she or he is sentenced. Another legislative sentencing is good time and truth in sentencing. A good time is a reduction of time served for good behavior. This kind of program promotes discipline within a correctional institution. It is also a way to prevent overcrowding of jails. The truth in sentence is when the legislative attempts to assure that convicts will serve …show more content…
It also opposes the argument that sanctity life is affirmed by the death penalty, which puts to death those who commit murder. On a more factual point on view, the main question is: Are death penalty or life imprisonment effective deterrence’s for murder and other brutal crimes? What are the advantages and drawbacks of each compared to the other?

The practice of capital punishment is as old as government itself. For most of history, it has not been considered controversial. Since ancient times most governments have punished a wide variety of crimes by death and have conducted executions as a routine part of the administration of criminal law. However, in the mid-18th century, social commentators in Europe began to emphasize the worth of the individual and to criticize government practices they considered unjust, including capital punishment. The controversy and debate over whether governments should utilize the death penalty continue

You May Also Find These Documents Helpful

  • Good Essays

    The sentencing system should not be altered, for decreasing the focus and increasing the frequency of sentencing would do more harm than good. An emphasis on merely punishment and retribution in criminal sentencing would prevent the right of an offender to a fair trial. Furthermore, set and compulsory sentencing ignores personal circumstances, which in some cases could make all the difference. With these aggravating factors, hardening the system of law will not bring any advantages to society.…

    • 697 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Keeping in mind the brief overview of each of the major rationales for sentencing will allow the following four arguments to be understood with greater clarity. To begin, the first argument to support the urgent need to restructure the criminal justice system is the effect and impact of mandatory minimum sentencing on the high rates of incarcerations. The effects of mandatory minimum sentencing are staggering, and transcend into many different areas of the criminal justice system. The principal justification for the creation of mandatory minimum sentences is that by increasing the likelihood of custody, it will be a strict deterrent for crime prevention and a response to political “tough on crime” strategies. It was also thought to minimize…

    • 1521 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    In this paper the topics that will be discussed will be what are the state and federal objectives of punishment? How does sentencing affect the state and federal corrections systems overall? With support for that answer, what is the determinate and indeterminate sentencing? As well as which sentencing model that is felt the most appropriate? With an explanation as to why and examples will be provided.…

    • 992 Words
    • 4 Pages
    Better Essays
  • Better Essays

    In addition, the principles of sentencing established by common law and legislation must be applied in each case including the principle that imprisonment is only enforced when no other punishment is appropriate, the punishment must fit the crime and similar crimes should receive similar sentences. Introducing mandatory consistent sentencing standards would conflict with the judge’s ability to oversee specific circumstances of a case and to enforce a just…

    • 1488 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Prior to the sentencing reforms of 1984, most of the 20th century federal sentencing was largely based on rehabilitative model where sentencing was indeterminate. By the 1970s, the traditional sentencing system came under increasing attack as public interest in the criminal justice system prompted “crime research boom time” (Nagel, 1990; Wilkins, 1987). The concerns manifested to a policy reform focusing on retribution, deterrence and incapacitation as means of getting tough on crime and.…

    • 354 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Judges in the United States used indeterminate sentencing for nearly 45 years. This type of sentencing has a set limit of incarceration that a convict may serve for the crime committed. If the judge gives an offender two to five years imprisonment, then that offender will serve a minimum of two years but will serve no more than five years. This system was put into place to make the offender in their release with good behavior in prison.…

    • 825 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence, or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or ethical beliefs as a whole, and by the population at large. Throughout history, the sentencing and administration of punishments have been swift, brutal and often times ending with the death of the offender, but in our more civilized and modern society,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sentencing Paper

    • 477 Words
    • 2 Pages

    Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation.…

    • 477 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Indeterminate Sentencing

    • 903 Words
    • 4 Pages

    Sentencing is and has long been a crucial phase within the criminal justice process. Sentencing is what occurs post-conviction following an offender’s guilty plea or a trial by jury in which the offender is found guilty. The philosophy of sentencing is that of punishment for a crime committed. This punishment can include incarceration, rehabilitation, probation, fines, and community service. In order to prevent crime from occurring or re-occurring, a deterrent such as incarceration must exist.…

    • 903 Words
    • 4 Pages
    Better Essays
  • Better Essays

    In this paper, we have defined state and federal objectives of punishment. We have also discussed the overall effects sentencing has on the corrections system. Lastly, we have defined determinate and indeterminate sentencing and which model I prefer. Our corrections system is under constant strain and always evolving. We as a society are losing the battle against the criminal element within our ranks. We glamorize crime, and our young generation is manipulated to believe this is the norm. We need to take back our communities and begin to change this trend, or we will lose our communities…

    • 1412 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Determinate Sentencing

    • 1004 Words
    • 5 Pages

    The purpose of sentencing: the “deserved infliction of suffering on evildoers and “the prevention of crime.” There four fundamental philosophies surrounding the purpose of sentencing. First, the oldest and most common is retribution. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. The second philosophy is deterrence. In deterrence, the goal of sentencing is to prevent future crimes. Deterrence takes a general and specific form. General deterrence is that by punishing one person, others will be dissuaded from committing a similar crime. Specific deterrence assumes thart an individual, after being punished once for a certain act,…

    • 1004 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Many offenders in the prison system are diverted to different alternative outcomes in the sentencing process. The different alternatives are a newer approach than what it used to be before World War 2. The sentencing process is the post-conviction stage of the criminal justice process, in which the defendant is brought before the court for the imposition of a penalty. If a defendant is convicted in a criminal prosecution, the event that follows the verdict is called sentencing. A sentence is the penalty ordered by the court (“Sentencing,” n.d.).…

    • 869 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Criminal sentencing in America has long been guided by one of several different major philosophies of punishment, including retribution, deterrence, incapacitation, and rehabilitation (Spohn, 2000). Retributive sentences involve punishments intended to exact revenge, in line with the biblical idea of “an eye for an eye.” This is based on the belief that some behaviors are unconditionally wrong and therefore justified of punishment. From this perspective, sentences should be equal with the harm done to society. Deterrence, on the other hand, involves a more practical basis for sentencing. It is based on the concept that crime is easily chosen as the result of a rational cost-benefit examination. Individuals will engage in crime when the benefits…

    • 159 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Goals Of Sentencing

    • 626 Words
    • 3 Pages

    The sentencing phase of the criminal justice process is where a guilty offender is sanctioned for his conduct. The goals of sentencing include retribution, rehabilitation, deterrence, and incapacitation. Historically the primary goal has varied by criminal justice era and the crime committed. However, each sentencing goal has a specific purpose (Masters, et al., 2017). The sentencing goal of retribution is normally pursued in heinous crime cases. Its aim is to castigate the offender. In contrast, rehabilitation is a sentencing goal that seeks to correct offender conduct, by teaching offenders, skills that aid in the prevention of recidivism. On the other hand, the sentencing goal of deterrence seeks to discourage future criminality by way of…

    • 626 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sentencing Philosophies

    • 353 Words
    • 1 Page

    The four fundamental philosophies surrounding the purpose of sentencing are; retribution, this philosophy is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered, deterrence, this strategy is the thought that if the punishment given is severe enough that it will stop the potential criminal from committing the crime or to be a repeat offender. Incapacitate is the third philosophy that is a belief that if the criminal is detained for a crime, thereby being separated from the community reduces the criminal activity and once released will not be as likely to be a repeat offender. Rehabilitation is the fourth and final philosophy that surrounds the purpose of sentencing, some believe that society is best served when those who break the law are not simply punished but are provided with resources needed to eliminate the need or want to engage in criminal…

    • 353 Words
    • 1 Page
    Good Essays