Top-Rated Free Essay
Preview

Sentencing Paper

Satisfactory Essays
499 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sentencing Paper
Sentencing Paper Amanda Robertson CJS/200 8/19/2013 Mr Winkler

The four philosophical reasons for sentencing criminals are rehabilitation, incapacitation, deterance, and retribution. Rehabilitation is when a criminal is thought to be better off by being placed in a residential, or group home facility. Many times these crimes are drug releated and the courts feel that the criminal will be better off rehabilitating in a 12-step AA or NA drug program rather than being incarcerated for their crime. In any case that their case was not fueled by intenet rather than a need to feed a habit etc. Incapacitation is when the court feels that a criminal will be better off incarcerated and kept away from society. Many times these crimes are violent and incarceration is the best option to protevt the criminal and society. Deterance many times has to do with incarceration. For the criminal may feel incarceration has deterred them from recommitting the same act in fear that they may be incarcerated again and even face far more time. Also many times society watches as people are punshied for certain crimes and the judge may be making a example out of that certain case, in showing society that if you commit this crime than this is what can happen. Retribution can and often goes along with incarceration, though can be sentenced alone. Retribution is usually sentenced as a repayment for lost or damaged goods, or some type of community service time like 20 hours ordered to complete at an elderly housing home without pay. Basically either giving back to the victim, their family, or society, in an effort to pay back for their crime, and or repay the victim for pain and suffering. Six forms of punishment are death penalty, incarceration, house arrest, probation, restitution, and fines. The death penalty is usualy for capitol murder. Different states have different laws and juridictions. But the death penalty is basically self explanatory. It stems back thousands of years and has been accomplished many ways from hanging to elcrocuted and now usually by injection. Incarceration is when a criminal is sentenced to time behind bars either in a federal or a state correctional facility. House arrest is when a criminal is sentenced by a monitoring braclet to their home. To be able to have this sentence usally means that there is a house phone to set up the monitoring device that connects the braclete that the criminal must were on his ankle. He is ordered either a curfew or a set time for turning I for a certain destination. This is all monitored usually by a parole or probation officer of the court. Restitution is usually done in fines and community service ordered by the court to repay to victim, society, or as deterance. Fines are usally done with motor vehicle cases especially, and are usually due to misdermeanor vilotaions. Basically fines pay back the city or the town in cases of breaking laws, parking tickets etc.

You May Also Find These Documents Helpful

  • Better Essays

    Court Systems Paper

    • 1224 Words
    • 5 Pages

    Within the U.S. each state has a court system with a lower court, an appellate court and a Supreme Court that functions similar to the Supreme Court of the U.S. Four levels exist within the State Court: The lower court also known as the court of limited Jurisdiction which represents the first level in which minor cases are seen. Citizens whom are accused of not paying parking fines, those accused of prostitution, DUI and those accused of disorderly conduct in public are also tried in this court.…

    • 1224 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The following paragraphs will define and explain the differences between determinate and indeterminate sentences. This discussion may seem, at first blush, to be somewhat theoretical. However, the issue is a life-altering one for parole as an institution. In a determinate sentencing structure, there is no role for a paroling authority in making release decisions.…

    • 423 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Prior to the sentencing reforms of 1984, most of the 20th century federal sentencing was largely based on rehabilitative model where sentencing was indeterminate. By the 1970s, the traditional sentencing system came under increasing attack as public interest in the criminal justice system prompted “crime research boom time” (Nagel, 1990; Wilkins, 1987). The concerns manifested to a policy reform focusing on retribution, deterrence and incapacitation as means of getting tough on crime and.…

    • 354 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    I do think that the mandatory sentencing is one approach to solving the drug problem, but I do not think that it is the only one. It is clear that the sentencing works to a certain extent, but is not the right choice for every situation. Personally, I feel like this is a gray area due to the fact that mandatory sentencing gives definitive discipline to someone who broke the law. Where in specific cases that approach is too strict. Although I do not have a direct answer to solve this problem, I think that different variables should play into the sentencing.…

    • 102 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Criminal Law Paper

    • 1806 Words
    • 8 Pages

    The case of Miller v. Alabama (2012) is the result of Alabama Court of Criminal Appeals case No. 10-9646, which involves a 14-year-old named Evan Miller who was convicted of aggravated murder, and sentenced by the Alabama state court to a mandatory term of life in prison without parole. Miller and a friend assaulted Miller 's neighbor, and set fire to his home after spending the evening drinking alcohol and using drugs. As a result of his actions, the neighbor died. Miller was originally charged as an adult; however, his case was removed to adult court, and he was charged with murder and arson. During the trial, the jury found Miller guilty of the crime, and he was sentenced to a punishment of life without parole as statutorily mandated (Supreme Court of the United States, 2011).…

    • 1806 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Cja/234 Sentencing Paper

    • 1495 Words
    • 6 Pages

    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.…

    • 1495 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Today in our country our justice system runs by two models in order to keep peace and order to the public the first model is the determinate sentencing model what the Determinate model is when the judge is about to pass a sentence on to defendant and to address the problem with crimes that has been going around since the 1980s for example the government of some states in our country passed the three strike laws where when someone commits a crime that is considered serious then they get harsher sentences and to tell people who are more likely to commit the crime to don’t do it and it is not worth it . One of the pros for the determinate sentencing model is that the defendant could be eligible for probation, parole and alternative programs…

    • 841 Words
    • 4 Pages
    Good Essays
  • Good Essays

    According to James Rachels, he concluded the criminal justice system should be designed along the lines of retributivism, in much the way it currently is. Rachels comes to the conclusion the overall goal of punishment should be retributivism by examining the four requirements necessary for punishment. The four requirements for punishment are guilt, equal treatment, proportionality, and excuses. These requirements mean only the guilty get punished, each criminal who commits the same crime gets roughly the same punishment, the punishment is proportionate to the crime, and if provided a legit excuse, then no punishment is given. Rachels also argues that deterrence and rehabilitation do not meet the requirements, but retributivism does.…

    • 581 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Penal Reform Paper

    • 1952 Words
    • 8 Pages

    2 INTRODUCTION What’s the problem? 2 MODEL How are we going to approach it? 4 DATA Observations. 5 RESULTS What did we find? 6 EXTENSIONS Quadratic and interactive relationships. 7 CONCLUSION What does it all mean? In Depth Statistical Analysis…

    • 1952 Words
    • 8 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
  • Good Essays

    Court System Paper

    • 1270 Words
    • 6 Pages

    As the gavel sounds there is silence in the courtroom. The Judge has made his final decision, and the outcome is life without the possibility of parole. The courtroom is filled with mixed emotions and the prosecution and family have a sense of justice, although the family of the perpetrator feels anguish. Criminal court is perceived as the place of justice where criminals are punished and the victims get closure. This is a simplistic view of how the criminal justice system works; in reality the process is more complicated.…

    • 1270 Words
    • 6 Pages
    Good 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
  • Good Essays

    Goals Of Sentencing

    • 626 Words
    • 3 Pages

    The sentencing phase of the criminal justice process is where a guilty offender is sanctioned for his conduct. The goals of sentencing include retribution, rehabilitation, deterrence, and incapacitation. Historically the primary goal has varied by criminal justice era and the crime committed. However, each sentencing goal has a specific purpose (Masters, et al., 2017). The sentencing goal of retribution is normally pursued in heinous crime cases. Its aim is to castigate the offender. In contrast, rehabilitation is a sentencing goal that seeks to correct offender conduct, by teaching offenders, skills that aid in the prevention of recidivism. On the other hand, the sentencing goal of deterrence seeks to discourage future criminality by way of…

    • 626 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Purpose Of Sentencing

    • 1122 Words
    • 5 Pages

    In the purpose of sentencing, there are four fundamental philosophies. Those are retribution, deterrence, incapacitation, and rehabilitation. Retribution is the philosophy…

    • 1122 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Sentencing Philosophies

    • 353 Words
    • 1 Page

    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…

    • 353 Words
    • 1 Page
    Good Essays