Goals of Sentencing

Goals of Sentencing
There are five goals of sentencing: punishment, deterrence, incapacitation, rehabilitation, and restitution. Punishment, also called retribution is society’s way of getting revenge on a criminal for the harm they have caused. Retribution is society’s way of getting revenge or feeling like they got even with a criminal. In society a crime not only harms the victim of a crime, but society as well. A criminal’s injurious actions may outrage society as a whole. This creates the longing for revenge, and punishing the criminal is a way to satisfy that want. Its purpose is to punish a criminal based on a perceived need for justice. Retribution is society’s way of punishing the offender for anti-societal behavior. Punishment “is justified because it makes the offender give up money, personal freedom or comfort that is equivalent to the harm or loss done to others” (Sociological Index, 2010). Historically, punishment was immediate, often without due process, and was given little thought as to whether the punishment fit the crime. Death and exile were commonly imposed sentences. In today’s society, retribution is similar to the just deserts model of sentencing; which believes the offender deserves the punishment they get, and that punishment should fit the crime, and should be appropriate to the type and severity of the crime committed. Punishment has both favorable and unfavorable consequences. We punish our children to teach them right from wrong, because we want to raise law abiding citizens. We punish criminals to teach them what law abiding behavior is and what are criminal behaviors in our society; also, that these behaviors will not go unpunished. Punishment is the correctional goal that “emphasizes the infliction of pain or suffering” (Seiter 2008, p. 28). It is through the painful consequences of punishment that these behaviors are deterred. Punishment is necessary to deter criminal behavior, and “the presence of punishment encourages rehabilitation” (Seiter 2008, p. 28). By punishing criminals other members of society see that the ones that commit crimes will get what is coming to them in the form of punishment. As a society punishment is not only acceptable but encouraged; as long as it is not abusive. A right protected by the American Constitution: our 8th Amendment right states “excessive bail shall not be required, nor excessive fines imposed; nor cruel and unusual punishment inflicted” (Yale Law School, Undated). I can only think of a couple of reasons punishment might be unfavorable and it is because I am thinking about the children of these criminals who will have to be without their parent because the parent committed a crime and is now being punished by serving a prison term. Also, because when society has to put a criminal to death because their sentence is the death penalty; this sentence goes against the religious beliefs of many citizens who read and worship according to the Bible. One of the commandments says “thou shalt not kill”. There are no exceptions written in this statement, just an order from a higher power saying not to do it. Religion is where punishment may seem unfavorable, but other than that I believe punishment is favorable because it is what makes all the other goals of sentencing and crime prevention attainable; and it is the only way to protect the innocent from the criminal.

Incapacitation is the second goal of criminal sentencing, and is meant to protect society from criminals who may harm them if not prevented from doing so. Historically, mutilation, and amputation of the extremities were used to keep criminals from repeating their crimes. In society today, offenders are separated from the community to reduce their opportunities to commit more crimes. Incapacitation is favorable because helps keep criminals behind bars and away from society, as a way to protect the innocent from criminals. Incapacitation requires only restraint, not punishment like retribution. Incapacitation is the answer when it comes to violent offenders who commit heinous crimes against other members of our society. These criminals have many victims and their crimes are such that the public is outraged and wants them to pay for the harm they have caused. The main unfavorable consequence about incapacitation is the bill to the tax payers to house and feed them for as long as they are held in prison, some until their natural death, and others until the day of their execution. We have to think of the cost to keep building more and more prisons because there are more and more criminals being given prison sentences each and every day.

Deterrence uses the threat of punishment to keep people from committing criminal acts. Specific deterrence helps reduce repeat offenses by prisoners. General deterrence tries to influence future behavior of people that haven’t been arrested, yet may be tempted to commit a crime. Deterrence is a more rational goal of sentencing because it is possible to investigate the amount of punishment needed to deter certain behaviors. Harsh punishments can eliminate many types of criminal acts. Our society is unlikely to impose a death sentence for petty crimes, and harsh punishments aren’t effective in reducing serious crimes like murder and drug trafficking. Deterrence goes along with the goal of incapacitation, as deterrence is achieved by incapacitating offenders and giving them time to rethink their lives and their behavior, and hopefully prevent any future criminal behaviors. Deterrence is always favorable because it means less victims of crime and less crime being committed in society.

Rehabilitation is a process used to change criminal behavior. The goal of rehabilitation is to reduce crime. While deterrence instills the fear of consequences of committing a crime, rehabilitation is designed to educate the criminal and through psychological treatment reduce the probability of committing crimes in the future. There are many rehabilitation programs for criminals like: drug and alcohol abuse programs, psychological treatments and counseling, group therapy, and half way houses, where an inmate can live in a structured environment until they are fully ready to reenter society and be a productive part of society. Rehabilitation is always favorable if the criminal that is given the opportunity to change their behavior takes full advantage of the opportunity and turns their life around to become law abiding.

Restoration is the goal of sentencing that tries to make the crime victim whole again. Crime victims are frequently traumatized by these experiences, leaving lasting physical and emotional scars. The world is not seen as a safe place for them, and they may live in constant fear of being assaulted again. Although, the criminal is in jail, the victim may still have night terrors and fears of leaving their home. The idea behind retribution is that punishment is justified when it is deserved. Many times victims will suffer from PTSD, (post-traumatic stress disorder), which is “a psychological condition that effects those who have experienced a traumatizing or life threatening event; such as combat, natural disasters, serious accidents, or violent personal assaults” (Walker, L.E. 1992). Those that suffer from PTSD feel like they will never recover and be normal again. They have symptoms following a traumatic experience that may include: feeling fearful or numb, can’t stop thinking about the trauma so the relive it over and over again in their mind, they have trouble sleeping and may experience night mares and/or night terrors, live in fear that the trauma will happen again, and may have intense physical reactions like: pounding heart, rapid breathing, nausea, muscle tension, sweating, and may be hyper alert (on edge, waiting for the worst to happen). Sufferers of PTSD live in constant fear that never lets up or goes away (Medicine.Net 2003). It is because of the ongoing suffering of victims of crime that restorative justice is so difficult to attain. So in some cases restorative justice is not a favorable consequence of punishment. The victims that have suffered severely and have lasting trauma will not be compensated no matter how long a prison term the offender gets. It won’t matter if they get the death penalty or just jail time, the victim will suffer for the rest of their life.

References:
Sociological Index, (2002). Retribution. Retrieved on December 12, 2010 from: http://sociologyindex.com/retribution.htm.
Seiter, Richard, P. (2008) Corrections, an Introduction. (2nd Ed.). Pearson Education Inc. Upper Saddle River, New Jersey.
Yale Law School (Undated). THE AVALON PROJECT: Documents of Law, History, and Diplomacy. The Bill of Rights. Retrieved December 14, 2010 from: http://avalon.law.yale.edu/18th_century/rights1.asp.
Walker, L.E. (1992). Battered woman syndrome and self-defense. Symposium on Women and the Law, Notre Dame Journal of Law, Ethics, and Public Policy, 6 (2), 321-334.
Medicine.Net, (2003). Posttraumatic stress disorder. Retrieved December 12, 2010 from: http://www.medicinenet.com/posttraumatic_stress_disorder/article.htm.

References: Sociological Index, (2002). Retribution. Retrieved on December 12, 2010 from: http://sociologyindex.com/retribution.htm. Seiter, Richard, P. (2008) Corrections, an Introduction. (2nd Ed.). Pearson Education Inc. Upper Saddle River, New Jersey. Yale Law School (Undated). THE AVALON PROJECT: Documents of Law, History, and Diplomacy. The Bill of Rights. Retrieved December 14, 2010 from: http://avalon.law.yale.edu/18th_century/rights1.asp. Walker, L.E. (1992). Battered woman syndrome and self-defense. Symposium on Women and the Law, Notre Dame Journal of Law, Ethics, and Public Policy, 6 (2), 321-334. Medicine.Net, (2003). Posttraumatic stress disorder. Retrieved December 12, 2010 from: http://www.medicinenet.com/posttraumatic_stress_disorder/article.htm.