Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation.…
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,…
There are five goals of sentencing in the United States Court system, retribution, incapacitation, deterrence, rehabilitation and restoration. Each goal represents a quasi-independent sentencing philosophy and they each hold different and individual purposes.…
In The Limits of Criminal Sanction, Herbert Packer said that criminal punishment should serve two purposes; “deserved infliction of suffering on evil doers” and “the prevention of crime” (Packer, 1968, pp. 36-37). Punishment of offenders in the United States is delivered through criminal sentencing. Sentencing is defined as “the imposition of a criminal sanction by a judicial authority” (Seiter, 2008, p. 40) When examining criminal sentencing, one must first understand the basic theories associated with the punishments given to criminals. There are five main goals/theories behind criminal sentencing; punishment, deterrence, incapacitation, rehabilitation, and restitution.…
One of the types of sentences that can be given to a criminal can be in the form of retribution. Retribution can also be seen as saying an eye for an eye for example if a kid is caught stealing a candy bar from a convenient store then the punishment may be that they have to pay for it somehow. This type of sentence is mostly seen in death penalty cases today such as a life for a life. “The law of "an eye for an eye" is usually called the law of retribution, or "lex talionis" (Latin, lex [law] and talio [like]; the punishment is like the injury), or the law of equivalency.” (Rodríguez, 1998)…
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…
By definition, retribution can mean an act with a moral vengeance on how society will make an offender suffer the same amount of suffering as the crime itself. Retribution has been playing a role in society since the beginning of the bible. In the middle ages, crime was considered an offense onto society and to God. Back then crime was an upset to society’s original order as a whole. This is how society got the idea that the crimes committed should have a punishment equal to the amount of sufferance do to the crime. This way of punishing is still being used today by the justice system.…
Incapacitation- punishment of keeping offenders in jail so they can’t repeat offense again in society.…
Rehabilitation is a word that is used often within the corrections, in the prison setting. It is an attempt to change an individual’s attitude and behavior. There are programs that are to prevent habitual offenders, help a criminal get to their normal state of mind and not to be punishing for their action that may cause the criminal to change and become an outstanding citizen that follows the rules instead of the individual getting out and committing another crime.…
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…
The five goals of criminal sentencing as listed in the 6th edition of Criminal Justice Today are retribution, incapacitation, deterrence, rehabilitation and restoration. Retribution is defined within the text as, “the act of taking revenge upon a criminal perpetrator.” (Schmalleger, p.366) Retribution is often linked to early societies when punishment such as death and exile were carried out very swiftly without a…
Sentencing is very important and usually the last stage of the criminal process. The purpose of sentencing is to punish the criminals while at the same time stopping crime from continuing. The five philosophical reasons for sentencing are retribution, deterrence, incapacitation, rehabilitation and restoration. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. Deterrence is the strategy of preventing crime through the threat of punishment. It assumes that potential criminals will weigh the costs of punishments versus the benefits of the criminal act so then the punishments will more then likely be more severe. Incapacitation is a strategy for preventing crime by detaining wrongdoers in prison, separating them from the community and reducing criminal opportunities. Then there is rehabilitation, which is the philosophy that society is best served when wrongdoers are not simply punished, but provided the resources needed to eliminate criminality from their behavioral patterns. Restoration is a sentencing goal that seeks to address the damage by making the community and the victim “whole again”.…
Earlier responses to crime were to be brutal, which included torture, humiliation, mutilation, and branding. These kinds of punishments often attempted to relate the punishment to the crime, as close as possible. The first response to crime incorporated linking criminal acts to sin and developing strict punishments. Throughout the years, this thought process has changed into a more humane system. The reason for corrections to is to protect the society but also to provide rehabilitation to these individuals. Punishments for criminals now include main objectives that widely differ from the first believed aspects of punishments. Punishments now embrace objectives pertaining to deterrence, incarceration, rehabilitation, retribution and restitution.…
When it comes to generalized sentences, regardless of the length of time imposed, all are considered to be goal oriented, which means they have a specific goal to be had when being handed down to an offending party. All in all, there are four primary goals of sentencing:…
Today there are many things the criminal justice system plans to do by introducing punishments and sentences. Goals of punishment have moved from satisfying the victim, as in early days, to more of a broad scale. There are theories on how punishment and sentencing may serve to reduce crime as a whole. General and specific deterrence, incapacitation, rehabilitation, retribution, and restoration are just some of these goals.…