Criminal Sentencing

Only available on StudyMode
  • Download(s) : 169
  • Published : December 10, 2012
Open Document
Text Preview
Once a person is convicted of a crime by a guilty plea, plea bargain, or jury verdict the sentencing takes place. A sentence is a decree of punishment. This punishment can be fines, incarceration in jain for short term and in prison for longer term, probation, payment of restitution to crime victim, community service or drug and alcohol rehabilitation. Not only will the severity of the crime determine the punishment but the sentencing judge usually will consider the defendants criminal history or lack thereof; the nature of the crime, the manner in which it was committed and the impact on the victims. The judge will also take the defendants personal, economic, social circumstances and his/her regret or remorse expressed into consideration. There are many purposes of criminal sentencing. One is deterrence. The idea is to use punishment to worn the offender and other people of the consequence of such future criminal behavior. The punishment on the offender should deter others from committing a similar crime. This principle of deterrence is not usually applied when youth are sentenced in the youth jurisdiction. There is also very little evidence showing this principle works. Although, when deterrence is used to deter the offender from committing the same or similar crime in the future it has more effectiveness. “Having a criminal justice system that imposes liability and punishment for violations deters. Allocation of police resources or the use of enforcement methods that dramatically increase the capture rate can deter”- Robinson and Darley Oxnard Journal of Legal Studies. An individuals sentence has little deterrence on a general basis. Deterrence on a specific offender not offending again in the future is not completely successful also.

Another purpose of criminal sentencing is rehabilitation. This is the hope that the punishment such as imprisonment reforms the criminal and leads them to a non-criminal way of life. This is considered an...
tracking img