Preview

Criminal Sentencing

Satisfactory Essays
Open Document
Open Document
774 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Sentencing
Criminal Sentencing
By Christina Long CRJ301: Juvenile Justice
Instructor: Agustin Pena
March 5, 2013

After a criminal is found guilty of committing an illegal offense, the next step for the individual is to be sentenced to some form of punishment according to the law. Sentencing is a punishment that determines how much jail time the convicted will receive or what punishment they will endure. Sentencing can range from jail time, to community service, to paying fines. There are four major concepts when it comes to criminal sentencing: deterrence, rehabilitation, incapacitation, and retribution. Deterrence theory is based on the concept that if the consequences of committing a crime outweigh the benefit of the crime itself, the individual will be deterred from committing the crime. (Worrell, 2008)Deterrence is generally aimed toward a specific offender. The aim is to inflict a sufficient penalty to discourage the offender from any future behavior. General deterrence aims at society as a whole. By imposing a penalty on those who commit offenses and making an example out of them, other individuals are discouraged from committing the same offenses. For example, fewer traffic tickets would be written if minor driving violations were punishable by death. Crime rates would be drastically low if the government were to impose extreme punishments on petty offenders. Punishment for petty crimes or misdemeanors has a more reasonable punishment such as a payment of a fine or performing community service as an alternative to a prison sentence.We live in a nation where there are laws set to keep ourselves and the public safe. We also live in a nation full of people who think they are above the law and commit crimes. Some only once others partake in criminal activity on a regular basis. Since there are those who choose to commit crimes we also have a justice system set in place that gives consequences to breaking the law and hopefully prevent others



References: John L. Worrall. (2008). Crime Control in America(2nd ed.). Pearson Education, Inc. Wallace, H. & Roberson, C. (2012). Principles of criminal law (5th ed.). Boston: Pearson Allyn & Bacon.

You May Also Find These Documents Helpful

  • Better Essays

    References: Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today: An introduction with…

    • 1042 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The deterrence model is the idea that the fear of punishment will prevent criminals or potential criminals from committing a crime. There are two different types of deterrence, which are general and specific. General deterrence is the preventing crime among the general population. The general public includes only those who have not committed a crime before. Specific deterrence is trying to prevent a specific group of people or specific person from committing a crime in the future. The deterrence model has been noted to not be effective. The deterrence model is half way effective because it does put fear in some people, but it does not exemplify all the many reasons people commit crimes. Many criminals or potential criminals may fear being…

    • 422 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Deterrence: Its primary goal is to discourage members of society from committing criminal acts out of fear of punishment. The most powerful deterrent would be a criminal justice system that guaranteed with certainty that all persons who broke the law would be apprehended, convicted, and punished, and would receive no personal benefit from their wrongdoing. Examples of the deterrence theory of sentencing is to torture the offenders and to sentence them to the death penalty.…

    • 1361 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Cjs 230

    • 260 Words
    • 2 Pages

    Punishment is required for justice to be served. You have to do the time if you decide to commit the crime. Our society defines justice as a means of a victim seeking out the harshest punishment for their offenders. However, this often leaves the victim feeling empty and unsatisfied after getting what they sought out. Punishment of a criminal does not address the other needs that a victim has. It is only one step in the recovery process. Punishment cannot restore a victims loss, answer questions that they may have, take away their fears, or help them to make sense of what has happened to them. It also does not help to heal the emotional wounds for the victim either.…

    • 260 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Court History and Purpose

    • 1064 Words
    • 5 Pages

    References: Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today. Upper Saddle River, NJ: Pearson.…

    • 1064 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    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,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Sentencing Paper

    • 477 Words
    • 2 Pages

    Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation.…

    • 477 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Indeterminate Sentencing

    • 903 Words
    • 4 Pages

    Sentencing is and has long been a crucial phase within the criminal justice process. Sentencing is what occurs post-conviction following an offender’s guilty plea or a trial by jury in which the offender is found guilty. The philosophy of sentencing is that of punishment for a crime committed. This punishment can include incarceration, rehabilitation, probation, fines, and community service. In order to prevent crime from occurring or re-occurring, a deterrent such as incarceration must exist.…

    • 903 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Sentencing Paper

    • 2161 Words
    • 9 Pages

    There are various forms of sentencing that are used in the criminal justice system and each has its’ own rationale. These include but are not limited to the death penalty, incarceration, suspended sentence, probation, and restitution. The death penalty must be requested by the prosecutor and in some rare cases the defense. The death penalty can also be recommended by a jury, however only specific crimes are eligible for the death penalty. Most states require a certain number of witnesses in order to qualify the defendant for the death penalty. These crimes vary from state to state and include aggravated rape of a victim under 14 (including repeat offenses), espionage, piracy, ransom kidnapping, treason, and most commonly aggravated first degree murder. Incarceration is another popular form of sentencing. Although jail and prison are often used interchangeably, they differ. A prison sentence is typically longer and for those who commit felonies. A jail sentence is shorter and for those who commit misdemeanors, who are awaiting trial, or waiting to be transferred to a state facility. The ideology behind prisons is easy to recognize. We follow prisons in every…

    • 2161 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Punishment in the United States is always evolving, always changing to meet the different demands of our society. A unique aspect of our society is that we, as members of society, deem what is socially acceptable and what the punishment should be for those who violate our rules. In this paper, we will be discussing the different objectives of punishment at the state and federal level. We will also explain how sentencing affects the state and federal corrections systems overall. Lastly, we will define determinate sentencing, indeterminate sentencing and which sentencing model…

    • 1412 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Determinate Sentencing

    • 1004 Words
    • 5 Pages

    The purpose of sentencing: the “deserved infliction of suffering on evildoers and “the prevention of crime.” There four fundamental philosophies surrounding the purpose of sentencing. First, the oldest and most common is retribution. 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. The second philosophy is deterrence. In deterrence, the goal of sentencing is to prevent future crimes. Deterrence takes a general and specific form. General deterrence is that by punishing one person, others will be dissuaded from committing a similar crime. Specific deterrence assumes thart an individual, after being punished once for a certain act,…

    • 1004 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Purpose Of Sentencing

    • 1122 Words
    • 5 Pages

    The role of sentencing plays an integral part in the criminal justice system process because it is how criminals are punished. And by punishing the criminals sentencing serves two ultimate purposes. Those purposes are: “deserved infliction of suffering on evildoers” and “the prevention of crime” (Professor Herbert Packer, 2006 Criminal Justice in Action: The Core). Sentencing effects society today because if there were no sentencing in the criminal justice system, then all of the criminals would be roaming free and that would make the world even worse than it is already.…

    • 1122 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Sentencing Paper

    • 603 Words
    • 3 Pages

    Probation is another form of punishment. Probation means testing the behavior or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer (Wikipedia, 2013). Offenders are ordinarily required to refrain from firearms, and may be ordered to remain employed, have a curfew, live in a decent place and not leave the jurisdiction (Wikipedia, 2013).…

    • 603 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Criminal Law

    • 1304 Words
    • 6 Pages

    Criminal law encompasses “rules and regulations that defines and specifies punishments for offenses of a public nature or for wrongs committed against the state or society” (Schmalleger, 2010). Within the umbrella of criminal law are more specific types of different law. For instance, there is natural law, positive law, common law which all defines a specific type of crime an individual can commit and explanation to why it is considered a law. There are different degrees when it comes to punishment for violating a criminal law as well. In order for a person to be punished for committing a crime regarding the criminal law there must be two things present which will also be discussed. There are also offenses that are listed under criminal law as a certain type of offense and certain type of crime due to who or what is violated.…

    • 1304 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Deterrence Theory

    • 546 Words
    • 3 Pages

    The primary goal of deterrence is to discourage members of society from committing criminal acts out of fear of punishment and we have used this theory and had some success with it over time. Applying it as a singular theory could work better if there were more uniformity of laws across cities, counties, and states. It is hard to ban a substance in one city and in the one next to it, it is not banned or considered…

    • 546 Words
    • 3 Pages
    Good Essays