Punishment and Sentencing Paper CJA/224 Garrett LeGrange September 17‚ 2010 There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts‚ but there are many differences between the two. Both court systems try and keep crime from happening
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When a defendant is sentenced‚ there are philosophical reasons behind this sentencing. The four basic reasons are rehabilitation‚ deterrence‚ retribution‚ and incapacitation. Because this process is sensitive‚ guidelines have been made to ensure that presumptive sentences are mandatory. Rehabilitation is considered one of the most "humane" goal of punishment. There are different ways a judge can impose a rehabilitation sentence. For example‚ a young woman is arrested for public drunkenness. The
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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
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Court‚ Trials‚ and Sentencing: Due Process is a documentary explaining the court system within the criminal justice system. The American legal system is adversarial with two parties‚ the defense and the prosecution‚ working to prove to the jury their side is right. Overall the process of going through the court system is long and drawn out in order to make sure the person is guilty. From the initial charging to sentencing and appealing‚ there are a lot of steps the defendant needs to go through
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Severe punishment is the ideal punishment for incapacitating and punishing individuals who commit serious crimes however‚ when it comes down to rehabilitation is imprisonment the more effective method in deterring crime? A well punishment such as community sentencing is an alternative program to deter crime and reduces levels of reoffending as the article written by The Guardian in 2012 highlights in the quote “community sentences proven to be 8% more effective than short term prison sentences at
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Sentencing Kelley Yiannakis CJ 200 September 8‚ 2013 Carl Dewyer Sentencing The criminal justice system has many important aspects within‚ the most important one is sentencing. Sentencing is the imposition of a penalty on a person convicted of a crime. (Schmalleger‚ 2011) This decision is determined in judicial proceedings by judges and in some cases juries may be involved. In the following paragraphs the philosophical reasons and punishments for sentencing of criminals will be explained
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The Effects of Race on Sentencing in Capital Punishment Cases Throughout history‚ minorities have been ill-represented in the criminal justice system‚ particularly in cases where the possible outcome is death. In early America‚ blacks were lynched for the slightest violation of informal laws and many of these killings occurred without any type of due process. As the judicial system has matured‚ minorities have found better representation but it is not completely unbiased. In the past twenty
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Sentencing Christine Kelly Doty Criminal Law 3/1/13 Proportionality is a general principle in law which covers several special concepts. The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes‚ especially in constitutional law‚ as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. Within municipal law it
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Criminal behaviors‚ Punishments and Sentencing in the Criminal Justice System Abstract This paper will give the reader an understanding of criminal behavior and how it can greatly impact the offenders punishment‚ and sentencing in the criminal justice system. There are many mechanisms of criminal behavior‚ and many forms of punishing offenders. The background of an offender‚ will impact the decision of how long the offender will be sentenced‚ which will lead to the beginning of the correctional
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Explain the use of guidelines in the sentencing of adult offenders. [11] One of the main problems with sentencing in the courts today is the broad nature of the crimes committed‚ in the legal system of England and Wales criminal offences are very broadly defined and can have widely varying degrees of severity‚ for example theft could be anything from stealing a chocolate bar from a corner shop‚ all of the way up to stealing the crown jewels. It is important that courts across England and Wales are consistent
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