Criminal Sentencing Process
Once a person is convicted of a crime by a guilty plea, plea bargain, or jury verdict the sentencing takes place. A sentence is a decree of punishment. This punishment can be fines, incarceration in jain for short term and in prison for longer term, probation, payment of restitution to crime victim, community service or drug and alcohol rehabilitation. Not only will the severity of the crime determine the punishment but the sentencing judge usually will consider the defendants criminal history or lack thereof; the nature of the crime, the manner in which it was committed and the impact on the victims. The judge will also take the defendants personal, economic, social circumstances and his/her regret or remorse expressed into consideration.
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This is the hope that the punishment such as imprisonment reforms the criminal and leads them to a non-criminal way of life. This is considered an important element to be considered before and during the sentencing process. Rehabilitation is meant to address the underlying causes of criminal behavior. The mission of the prisons is to protect society by confining offenders in a controlled environment that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. Unfortunately, studies by the U.S. Department of Justice have shown over sixty-five percent of released inmates were rearrested within three years of their release date. These numbers continue to rise. This in my opinion seems to be that prisons are not a safe environment for rehabilitation but...... the …show more content…
The violent criminals should not be sentenced the same as the non-violent or the “small” crimes the same as the “large” crimes. Rehabilitation will be the most permanent fix in deterring crime, but there is the fact that some offenders can not be rehabilitated and will commit future crimes. With this said, incarceration is some times needed. With the objective of criminal sentencing working together the system is effective. But, like most systems it has room for improvement.
Referances:
Robinson and Darley Oxnard Journal of Legal Studies, Vol 24, no 2 (2004)
St Amand, M.,D., & Zamble, E. (2001). Impact of information about sentencing decisions on public attitudes toward the criminal justice system. Law and Human Behavior, 25(5), 515-28. Retrieved from http://search.proquest.com/docview/204148404?accountid=32521
CRIMINAL LAW -- SENTENCING GUIDELINES -- SECOND CIRCUIT HOLDS WITHIN-GUIDELINES CHILD PORNOGRAPHY SENTENCE PROCEDURALLY AND SUBSTANTIVELY UNREASONABLE. -- United States v. Dorvee, 616 F.3d 174 (2d Cir. 2010). (2011). Harvard Law Review, 124(4), 1082-1089.
This is the hope that the punishment such as imprisonment reforms the criminal and leads them to a non-criminal way of life. This is considered an important element to be considered before and during the sentencing process. Rehabilitation is meant to address the underlying causes of criminal behavior. The mission of the prisons is to protect society by confining offenders in a controlled environment that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. Unfortunately, studies by the U.S. Department of Justice have shown over sixty-five percent of released inmates were rearrested within three years of their release date. These numbers continue to rise. This in my opinion seems to be that prisons are not a safe environment for rehabilitation but...... the …show more content…
The violent criminals should not be sentenced the same as the non-violent or the “small” crimes the same as the “large” crimes. Rehabilitation will be the most permanent fix in deterring crime, but there is the fact that some offenders can not be rehabilitated and will commit future crimes. With this said, incarceration is some times needed. With the objective of criminal sentencing working together the system is effective. But, like most systems it has room for improvement.
Referances:
Robinson and Darley Oxnard Journal of Legal Studies, Vol 24, no 2 (2004)
St Amand, M.,D., & Zamble, E. (2001). Impact of information about sentencing decisions on public attitudes toward the criminal justice system. Law and Human Behavior, 25(5), 515-28. Retrieved from http://search.proquest.com/docview/204148404?accountid=32521
CRIMINAL LAW -- SENTENCING GUIDELINES -- SECOND CIRCUIT HOLDS WITHIN-GUIDELINES CHILD PORNOGRAPHY SENTENCE PROCEDURALLY AND SUBSTANTIVELY UNREASONABLE. -- United States v. Dorvee, 616 F.3d 174 (2d Cir. 2010). (2011). Harvard Law Review, 124(4), 1082-1089.