Preview

Criminal Sentencing In America

Satisfactory Essays
Open Document
Open Document
159 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Sentencing In America
Criminal sentencing in America has long been guided by one of several different major philosophies of punishment, including retribution, deterrence, incapacitation, and rehabilitation (Spohn, 2000). Retributive sentences involve punishments intended to exact revenge, in line with the biblical idea of “an eye for an eye.” This is based on the belief that some behaviors are unconditionally wrong and therefore justified of punishment. From this perspective, sentences should be equal with the harm done to society. Deterrence, on the other hand, involves a more practical basis for sentencing. It is based on the concept that crime is easily chosen as the result of a rational cost-benefit examination. Individuals will engage in crime when the benefits
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Best Essays

    Criminal Sentencing
    • 3708 Words
    • 15 Pages

    Criminal Sentencing

    Neubauer, D. W., & Fradella, H. F. (2010). America 's Courts and the Criminal Justice System (10th ed.). Belmont, CA: Wadsworth.…

    • 3708 Words
    • 15 Pages
    Best Essays
    Read More
  • Powerful Essays

    Crime and Justice Process
    • 1297 Words
    • 6 Pages

    Crime and Justice Process

    Victims can pursue one or even a combination of three distinct goals. The first is too see to it that hard-core offenders who act as predators are punished, The second is to use the justice process as leverage to compel lawbreakers to undergo rehabilitative treatment. The third possible aim is to get the court to order convicts to make restitution for any expenses arising from injuries and losses. Punishment is what comes to most people’s minds first, when considering what justice entails. Throughout history, people have always punished one another. However, they may disagree about their reasons for subjecting a wrongdoer to pain and suffering. Punishment is usually justified on utilitarian grounds as a necessary evil. It is argued that punishing transgressors curbs future criminality in a number of ways. The offender who experiences unpleasant consequences learns a lesson and is discouraged from breaking the law again, assuming that the logic of specific deterrence is sound. Making an example of a convicted criminal also serves as a warning to would be offenders contemplating the same act, provided that the doctrine of general deterrence really works.…

    • 1297 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Truth-in-Sentencing Laws Do Not Deter Crime
    • 454 Words
    • 2 Pages

    Truth-in-Sentencing Laws Do Not Deter Crime

    In the process of knowing whether or not sentencing laws deter crime, that fact in the United States (U.S.), in the last 20 years, shows that longer sentences do not deter crime. After years of increased sentences and drain on the state’s treasury, we need to acknowledge this fact. In New York and many other states, the “tough” policies have produced a combination of large-scale prison overcrowding without meaningful reductions in our crime rate.…

    • 454 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    Trends in prison sentencing
    • 749 Words
    • 3 Pages

    Trends in prison sentencing

    Describe recent trends in terms of the inmate population, commission of violent crimes, and length of sentence. Recent trends in terms of inmate population has Hispanics increasing in prison, the commission of violent crimes are actually down since 1970s, but the length of sentence is longer because of the tough on crime mentality.…

    • 749 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Restorative Justice Issues In Criminal Justice
    • 657 Words
    • 3 Pages

    Restorative Justice Issues In Criminal Justice

    Immoral actions such as possession and use of drugs are common elements relating to crimes. Notably, these variables impact the procedure of applying the law fairly to all offenders of all crimes. Though restorative justice and retribution may work together in theory, it may not work in practice. Thus, our current system of retribution, (which identifies with negative judgment), is the prevailing form of justice in our society. The principle of Retributive justice is to correct the wrong and prevent retaliation by the…

    • 657 Words
    • 3 Pages
    Powerful Essays
    Read More
  • Better Essays

    How Does Our Correctional System Punish Offenders
    • 900 Words
    • 3 Pages

    How Does Our Correctional System Punish Offenders

    Convicted felons can be punished in many different ways, but one thing is sure it would not be cruel and unusual. Before we look at how we punish offenders we must first understand why we are punishing them. The general purpose behind punishment is to inflict upon criminals some kind of suffering for the crime that they have committed or to protect society from those considered too dangerous to live amongst us. Punishment, a necessary evil, is sometimes required to deter law violators from repeating their crime and to serve as an example to others who would also violate the law. Schmalleger, Frank J. Criminal Justice Today An Introductory Text for the 21st Century (81).…

    • 900 Words
    • 3 Pages
    Better Essays
    Read More
  • Good Essays

    Pogarsky On Deterrence
    • 589 Words
    • 3 Pages

    Pogarsky On Deterrence

    The article, “Identifying deterrable offenders: implications for research on deterrence,” proposed a unique framework from which to understand how deterrence operates. The article argued that most research has not adequately explored the proposition that deterrence operates for only a subgroup of the general population. In light of this, Pogarsky focused on more efficiently testing the effects of the certainty and severity of sanctions by dividing a sample into three subgroups and then analyzing their responses to a hypothetical situation. By doing this, Pogarsky aimed to specifically test a subgroup of the population, and how sanctions affect that group. The findings of his research contrasted many previous theories, however, numerous methodological problems can be found in his research. Consequently, these problems threaten the validity of his conclusion about the certainty and severity of sanctions on the deterrable subgroup of the general population.…

    • 589 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    Criminal Law Outline: Justifications of Punishment
    • 11795 Words
    • 48 Pages

    Criminal Law Outline: Justifications of Punishment

    d. Theory of Retributivism: look back at the harm and calibrate the punishment to the crime…

    • 11795 Words
    • 48 Pages
    Better Essays
    Read More
  • Better Essays

    Assignment: Punishment Research Paper
    • 1522 Words
    • 7 Pages

    Assignment: Punishment Research Paper

    From the early history of civilization crime has existed and for centuries societies have established laws meant to protect it’s citizens from crime. Such laws have been continuously enforced in an effort to maintain order. Punishment has been in place for those who act in what society has set out as devious acts. In the United States, acts of deviant behavior has been a social issued surrounded with controversy. Punishments for those who have been found guilty of devious behavior are dealt with within four types of punishment: retribution, deterrence, rehabilitation, and societal protection. These four forms of punishment are what the American society use in an attempt to cease crime.…

    • 1522 Words
    • 7 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    effects of retribution on American society
    • 2001 Words
    • 9 Pages

    effects of retribution on American society

    • Research the affects of the four types of punishment—retribution, deterrence, rehabilitation, and societal protection—in relation to today’s American…

    • 2001 Words
    • 9 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Philosophy Of Sentencing
    • 851 Words
    • 4 Pages

    Philosophy Of Sentencing

    This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence, or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or ethical beliefs as a whole, and by the population at large. Throughout history, the sentencing and administration of punishments have been swift, brutal and often times ending with the death of the offender, but in our more civilized and modern society,…

    • 851 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    The Goals of Sentencing in the Criminal Justice System
    • 1734 Words
    • 7 Pages

    The Goals of Sentencing in the Criminal Justice System

    In the United States there is no standard when it comes to punishment and sentencing. This area of the criminal justice system is in a constant state of change. Sentencing practices and goals are always being closely examined. From "getting tough on crime" to more rehabilitative approaches, the views and goals of sentencing are always being corrected.…

    • 1734 Words
    • 7 Pages
    Better Essays
    Read More
  • Good Essays

    Sentencing Criminals
    • 728 Words
    • 3 Pages

    Sentencing Criminals

    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…

    • 728 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Crj 316 Criminal Sentencing Research Paper
    • 951 Words
    • 4 Pages

    Crj 316 Criminal Sentencing Research Paper

    Sentences for crimes committed have been handed down for as long as there have been crimes to commit. There are many factors to be considered by the judge tasked with sentencing in a criminal case, including an offender’s criminal history and actual involvement in the commission of the offense. First-time offenders may be grated leniency in sentencing, but it can be argued that such a practice is contrary to the nature of punishment and detracts from the effects of the crime on the victims. Punishment serves three general purposes that serve to benefit the victim, the public, and the offender: retribution, prevention, and rehabilitation.…

    • 951 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Federal And State Sentencing
    • 419 Words
    • 2 Pages

    Federal And State Sentencing

    In 1998 the District of Columbia Sentencing and Criminal Code Revision Commission was charged with developing a comprehensive structured sentencing system for the District. The Commission concluded that the District could benefit from a comprehensive structured sentencing system. Next, the Commission embarks the difficult task of creating workable sentencing guidelines for felonies. As Washington, DC follows the lead of other jurisdictions as well as an earlier effort in the District, the Commission developed two grids: one for drug cases and one for all other cases in the direction of the dominant factors in sentencing: the offense of conviction and the criminal history of the offender.…

    • 419 Words
    • 2 Pages
    Satisfactory Essays
    Read More