Sentencing is important in the process. Sentencing philosophies or the justifications, on which various sentencing strategies are based, are joined with issues of religion, morals, values, and emotions. Sentencing a criminal can be from probation to sentenced to death. It consists of fines, probation, imprisonment or death. Fine is where you have to pay a certain amount. They are often used for minor violations, such as a speeding ticket. Fines are used when a person has no criminal record and the ability to pay. Probation is a sentenced served while under supervision by a supervising officer, which can withdrawal your ability to be in your community. Imprisonment is to confine someone, to take away an individuals freedom. Sentenced to death means that is was a higher crime, to where the criminal has no bail, no fines, no freedom, and the actual process of killing an individual. The relationship between sentencing and punishment is that in front of a judge who is going to tell you the consequences of your own actions.
If I had to choose to modify the sentencing process to reduce recidivism rate, I would have to say to be stricter on the punishment. If the first sentence is strict, it will allow the criminal to learn that doing a crime can take away your freedom for more then a couple days, or even on probation. I believe that is the reason why there is repeating and ongoing crimes. Overall, I think that the sentencing process is done accordingly.
You May Also Find These Documents Helpful
-
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…
- 360 Words
- 2 Pages
Good Essays -
Rehabilitation is another punishment philosophy. In this philosophy, people that are found guilty of committing crimes might need to have a change in behavior to prevent a person from committing future crimes. Under this philosophy people who commit…
- 1267 Words
- 6 Pages
Powerful Essays -
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 -
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 -
In this essay I will be discussing the case of David Bobby, Warden vs. Archie Dixon, I will express my feelings of the case and what caught made me interested in the case I selected. The sources, purposes and jurisdictions of the criminal law related to this case will also me mentioned within this essay, I will define accomplice liability and criminal liability and express how it relates to the case that I will be discussing. The difference between the various elements of crime, including Mens Rea, Actus Reus and Concurrence will be included in this essay with the relations of the within this case.…
- 1095 Words
- 5 Pages
Better Essays -
Australia has nine sentencing jurisdictions with each jurisdiction possessing its own criminal justice system. Federal, state and territory criminal legislation generally specify offences with a prescribed maximum penalty which allows a court to determine an appropriate punishment in the particular circumstances of that case. In recent years, the Australian Parliament has increased proclaimed power over sentencing, setting a fixed or consistent penalty for committing a certain offence. This upsurge suggests that there is a public desire for tougher sentencing laws and dissatisfaction in the community with the traditional sentencing system where courts have had a broad discretion to punish offenders. The results from a national Australian survey on public opinions towards sentencing shows that the majority of respondents expressed high levels of dissatisfaction and were displeased with sentences that are imposed by the courts.…
- 1488 Words
- 6 Pages
Better Essays -
A major issue in criminal justice is sentencing. Sentencing is the process by which judges impose punishment on a person convicted of a crime or crimes (Wallace 2012). After, a person is convicted of a crime, whether through a guilty plea, plea bargain, or jury verdict, the appropriate legal punishment is determined at the sentencing phase. Sentencing usually takes place almost immediately after convictions for infractions and minor misdemeanors, or when a defendant has pled guilty. “In the United States today, there is no standard when it comes to sentencing and punishment.” This area of the criminal justice system is one that is in constant flux. Sentencing practices and goals are always under scrutiny, from getting tough on crime to more rehabilitative approaches, the views and goals of sentencing are ever changing.…
- 1229 Words
- 5 Pages
Good Essays -
Various theories have been advanced to justify or explain the goals of criminal punishment, including retribution, deterrence, incapacitation, rehabilitation, and restorative justice. Sometimes punishment advances more than these goals. At other times, a punishment may promote one goal and conflict with another.…
- 660 Words
- 3 Pages
Good Essays -
Deterrence is one of the primary goals in the criminal justice system and it is described as special or specific deterrence and general deterrence. The purpose of special/specific deterrence is to instill fear in the offender so that they will not commit future crime. General deterrence is based on punishing offenders to instill fear in society, otherwise known as teaching society a lesson and showing the consequences of committing a crime. Punishment has always been imposed based on the idea that it will deter individuals from committing crime or repeating criminal acts. Incapacitation has been the most common form of punishment; however research demonstrates that recidivism amongst convicted felons following release from prison is as high and that most prison inmates had arrest records and convictions prior to their current offense. Punishment through incarceration is a temporary fix to crime while the offender is confined. The maximum sentence of life in prison and the death penalty has even been debated on whether they are actually deterrence to crime. There are so many underlying factors within the criminal justice system that may contribute to why punishment has not been as effective as anticipated such as the appeal process in death penalty cases and the length of time that an…
- 1652 Words
- 7 Pages
Better Essays -
A country without rules to follow will be peril, just imagine how dangerous our communities would be. We would see crime in every corner, criminals will be everywhere, and people will not have peace. Many people ask what the purpose of law is and why laws are created. Criminal laws "deal with the crime committed against the public by the public and this laws focus on the general public and how they respond or take charges for the offenses they have made" (Criminal Lawyer Group , 2013).…
- 1113 Words
- 5 Pages
Good Essays -
The second philosophical reason for sentencing is deterrence. To deter is to encourage something through fear. In this case, if you fear losing your freedom, one is encouraged to obey the law. Deterrence not only looks for retribution but also looks to punish the defendant to a point whereas they would not have a desire to commit another crime. Deterrence can take two forms, general and specific. The general deterrence punishes the criminal, dissuading them from committing the same crime.…
- 841 Words
- 3 Pages
Good Essays -
Dozens of writers, reformists and activists have already narrated the story of America's harrowing prison epidemic spread wide by the politics of corporate greed and fueled daily by scapegoating the poor and vulnerable. With nearly twenty years experience in public policy development, criminal justice reform, and promoting alternatives to confinement, now comes Marc Mauer, Assistant Director of The Sentencing Project, a national organization based in Washington, D.C. which advocates for substantial changes in our ways of punishing criminal…
- 79 Words
- 1 Page
Satisfactory Essays -
Sentencing is an “imposition of a penalty on a person convicted of a crime” (Schmalleger, 2014). Generally, sentencing is the last thing that occurs when an offender charged with a crime and the trial has ended. During a trial, each side will argue their case in front of a jury (if it is a jury trial); at which time said jury would deliberate and return with a verdict. Once the verdict comes back to the court, a date is set for sentencing. According to our textbook, “most sentencing decisions are made by the judge” (Schmalleger, 2014), there have been exceptions to this rule when there is the possibility of a death sentence at which time the jury may be involved.…
- 1222 Words
- 5 Pages
Good Essays -
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…
- 159 Words
- 1 Page
Satisfactory Essays -
Determinate sentence is use by some states; the judge is who determinate the time that the offender will serve in jail. In this type of sentence, the judge can’t use discretion at the time of sentencing he only apply the law as it is. The period of time that these offenders will spend in jail cannot be change by parole board. In a determinate system, the offender knows when he will be released from jail. The released time is determinate by the judge. Overall, the judge has to review the pre-sentence and who the offender complaint with the court procedure before issue a date for the offender to be released. The determinate sentence is referring as “the sentence is determined”.…
- 565 Words
- 3 Pages
Good Essays