Punishment Philosophies
Punishment Philosophies
Abstract 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. Punishment Philosophies The universality of justice is a predominant concern of any nation that strives for true democracy, and in the U.S., this pursuit is largely undertaken in the court system. If the general basis for an action to constitute a crime lies in the willful and unsanctioned dispossession of another's life, liberty, or property, then the punitive power of the state to deprive the transgressor of these same rights, in the name of justice, must be exacted with a similar degree of concern. To this end, a variety of punishment philosophies, giving differing weight to the interests of victims, criminals, and society, have developed to clarify the notion, and to influence the practice of justice. While the philosophies of deterrence, rehabilitation, incapacitation, retribution, and restoration can be perceived to prioritize the considerations of victims and society, the handling of youth offenders in juvenile courts, as well as the appellate process, are expressions of consideration for the accused. It is largely agreed upon that punishment for the sole purpose of vengeance is detrimental to the ideals of justice and civility. Sentencing Considerations Sentencing for a crime is contingent upon numerous factors,
Abstract 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. Punishment Philosophies The universality of justice is a predominant concern of any nation that strives for true democracy, and in the U.S., this pursuit is largely undertaken in the court system. If the general basis for an action to constitute a crime lies in the willful and unsanctioned dispossession of another's life, liberty, or property, then the punitive power of the state to deprive the transgressor of these same rights, in the name of justice, must be exacted with a similar degree of concern. To this end, a variety of punishment philosophies, giving differing weight to the interests of victims, criminals, and society, have developed to clarify the notion, and to influence the practice of justice. While the philosophies of deterrence, rehabilitation, incapacitation, retribution, and restoration can be perceived to prioritize the considerations of victims and society, the handling of youth offenders in juvenile courts, as well as the appellate process, are expressions of consideration for the accused. It is largely agreed upon that punishment for the sole purpose of vengeance is detrimental to the ideals of justice and civility. Sentencing Considerations Sentencing for a crime is contingent upon numerous factors,
References: Grant, D. & Meyer, J. (2003). The court in our criminal justice system. Upper Saddle River, NJ: Prentice-Hall. ISBN: 0-13-525957-6. Henning, K. (2009). What 's wrong with victim 's rights in juvenile court? Retributive versus rehabilitative systems of justice. California Law Review, 97. 1107-1170. Lubitz, R. & Ross, T. (2001, June). Sentencing guidelines: Reflections on the future. Sentencing & Corrections, 10. Retrieved from http://www.ncjrs.gov/pdffiles1/nij/186480.pdf