Citizens are being arrested every single day for an unlimited variety of reasons. The reason can be anything from abuse of a family member, robbery, drug possession, or murder. The criminal system has four ways to justify punishment. Retribution, deterrence, rehabilitation, and social protection are ways in which punishment is justified. Each of the four has its own style of punishment together with its own pros and cons for each Citizen.…
The four fundamental philosophies surrounding the purpose of sentencing are retribution, deterrence, Incapacitation, and Rehabilitation. Retribution 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. It relies on the principle of just deserts, which holds that the severity of the punishment must be in proportion of the severity of the crime. Deterrence 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, so rather than seeking only to punish the offender this strategy is to try to sentence to prevent future crimes along with incapacitation and rehabilitation. Incapacitation 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 behavior activity. There are three steps to help determining sentencing. When public opinions move toward more severe strategies of retribution, deterrence, and incapacitation, legislatures have responded by asserting their power of over determining sentencing guidelines. The Legislature passes sentencing Laws; this specifies the terms of indeterminate sentencing. An Indeterminate term of incarceration is in which a judge determines the minimum and maximum terms of imprisonment. Only a jury can hand down the decision of the death penalty. When the minimum term is reached the prisoner becomes eligible to be paroled. Then there is determinate sentencing, this is a period of incarceration that is…
In a contemporary society where crime takes place we expect the state authority to dispense justice in the form of punishment to maintain social solidarity. There are many forms of punishment that can be given to an offender, each with their own functions for the offender and society itself.…
The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…
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…
Sentencing is an important aspect in the criminal justice process. It is the punishment defendants receive when they are convicted of a crime. The punishment spectrum is wide and vast, ranging from probation to death. Punishment and sentencing present some of the most complex issues of the criminal justice system. There are four main philosophical reasons surrounding the purpose of sentencing; they are retribution, deterrence, incapacitation and rehabilitation. Retribution is the philosophy that a criminal's punishment shall be determined on the severity of the crime he or she committed. It should be noted that retribution is not the same thing as revenge and that the punishment does not satisfy the revenge theory to anyone who may have been a victim. The retribution philosophy also is inspired by the Old Testament, where it states "an eye for an eye and a tooth for a tooth." Deterrence philosophy has two parts to it, which are the general and specific deterrence. The Deterrence philosophy is based on the fact that a criminal will realize the punishment outweighs the crime that he or she is going to commit. This philosophy hopes to prevent the criminal from going through with the criminal act. The general deterrence works this way, if the punishment is seen to outweigh the crime then others will be deterred from committing the same crime. The specific deterrence is based on the theory that a criminal, once punished and released, will not want to commit another crime and receive the same punishment. The Incapacitation philosophy believes by incarcerating criminals, this takes away the criminals liberty by placing them in jail or prison; this will ultimately keep the criminal from committing further crimes among society and reduce further criminal opportunity. Rehabilitation is another means of trying to reduce criminal activity. Rehabilitation will teach a person not to commit further criminal acts. This philosophy believes that the public is better…
As previously mentioned, if the punishment is not harsh enough the result is repeated offense. If a criminal relishes in committing a crime and the court system does not properly punish them for it, then they actually have no reason not to repeat the crime over again. The National Institute of Justice, part of the U.S department of Justice, studied how likely criminals are to relapse after being released, claiming that “Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested” (Durose, Cooper, and Howard). This statistic proves that there is a significant chance that a criminal will indeed carry out the same action as before. The most significant way that an offender is punished is through what…
There are three theories or models of criminal justice. The first is the retributive theory, the second is the rehabilitative theory, and the last is the restorative theory. The first basically concerns itself with the punishment of people by putting them in boot camps/prisons or away from people, in order to deter their ways. Such acts instill discipline and fear, which in turn reduces crime. The second one believes that working with these people change their ways reduce crime (The U .S. Penal System: Restorative and /or Retributive Justice).The third restorative theory aims to reintroduce and re-incorporate the persons back into the community after retribution or rehabilitation.…
The processes by which justice is applied are determined largely by proposed punishment philosophies. These express various concerns and arguments regarding appropriate sentencing and treatment. The philosophy of rehabilitation dominates the proceedings of juvenile courts, and is heavily scrutinized at an adult level, or when the criminal behavior of juveniles continues to accelerate, but when successful is most beneficial for society. The appeals process advances the fair practice of law, helps ensure the rights of due process, and continues to clarify and define justice and the law.…
Our United States Corrections System has two specific ways into having people pay for their crimes. One way is punishment. People of the victims or even the victims believe this is the best way to get their justice. The second is rehabilitation. This way is good to give an offender a second chance in society and it gives them self- being. This also gives them the opportunity to accomplish academic and trading skills. (Criminal Justice Today: An Introductory Text for the 21st Century (11th ed.), 2011. Schmalleger, F. Publisher: Upper Saddle River, N.J., Pearson Education. TSBN: 135074096).…
In the Russian novel Crime and Punishment by Fyodor Dostoevsky, the main character, Raskalnikov goes through a vast time period of great psychological turmoil. When comparing and contrasting this death and reincarnation of his consciousness and mind to the biblical tale of Lazarus’s resurrection, the author not only highlights the extremeness of the crimes he has committed, but also touches on the importance of recognizing one’s guilt. This theme of reconciliation and religion becomes one of the central themes of the novel.…
Retribution in our current time is being used as the base of the punishment which involves sentencing policies and guidelines. Everything depends on the criminal offence and the criminal’s prior record. Incapacitation eliminates the criminal’s ability to yet again commit another crime by physically restraining him/her. Deterrence is basically threatening to punish someone to prevent them from committing any type of crime. Rehabilitation is all about being able to grab the person that committed the crime and take them back to a stage in their life were they did not commit any crimes. Restoration is about being able to grab the person who committed the crimes in the past and establish that person back into the…
For the philosophy of punishment I chose deterrence, specifically because of the goals and benefit this philosophy. The deterrence punishment is divided in to two separate categories. First on is the general deterrence, the goal of general deterrence is to prevent non-offenders (those who’ve not committed a crime) from committing crimes by exposing non-offenders to the reality of the punishment that they would possibly be given if indeed they committed a crime. For example showing juveniles the process from being arrested, booked, charged, sentenced, and then incarcerated. The goal by doing this would be to teach the non-offender that if they chose a life of crime this is what would happen, and what they would receive as punishment for their actions. General deterrence to me would benefit Idaho's youth better by exposing them to the actual reality of a life of crime, vs. only being told not to do it and it’s wrong. I think the actual exposure would impact them more than just verbal influence. As stated in (Fagin, 2011), “The concept based on the logic that people who witness the pain suffered by those who commit crimes will desire to avoid that pain and suffering”. Example being in other countries, parents will bring their children to witness physical punishment of the offender. I wouldn’t say this would be something Idaho should use but, general deterrence should be more than drug prevention week in schools, and parents simply informing that committing crimes are bad and you’ll go to jail. Enforcing drug prevention, parental influence with actual exposure to the consequences I feel would create a stronger deterrence from juveniles committing crimes.…
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…
Punishment is defined as the infliction of a penalty for an offense. The novel Crime and Punishment by Dostoevsky took place in St. Petersburg, Russia, mid 1860s. The main character, Raskolnikov, committed the murder of a pawn broker and her sister which he became ill with guilt. He is accused as the murderer but denied it until the end where he eventually confessed and was sent to Siberia. In the novel, Raskolnikov had an unbearable amount of guilt, faced punishment by imprisonment, and gave his heart to God for forgiveness. Conflicts he was put through helped illuminate the meaning of the novel: For all crimes, there will be punishment.…