When a defendant is sentenced‚ there are philosophical reasons behind this sentencing. The four basic reasons are rehabilitation‚ deterrence‚ retribution‚ and incapacitation. Because this process is sensitive‚ guidelines have been made to ensure that presumptive sentences are mandatory. Rehabilitation is considered one of the most "humane" goal of punishment. There are different ways a judge can impose a rehabilitation sentence. For example‚ a young woman is arrested for public drunkenness. The
Free Crime Criminal law Penology
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
Premium Crime Criminology Criminal law
Punishment and Sentencing Paper CJA/224 Garrett LeGrange September 17‚ 2010 There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts‚ but there are many differences between the two. Both court systems try and keep crime from happening
Premium Crime Criminal justice Punishment
The Effectiveness of Punishment Compared to Rehabilitation of Convicted Offenders in Prison and Community Supervision Jesse Rountree AJS/502 Survey of Justice and Security February 10‚ 2014 John Baiamonte The argument between rehabilitation and punishment has been a long standing and indecisive. Public opinion and policies tend to change on a whim‚ some lasting decades‚ while others are quick to turn from one approach to the other. This paper will show that rehabilitation is a more
Premium Prison Penology Recidivism
Severe punishment is the ideal punishment for incapacitating and punishing individuals who commit serious crimes however‚ when it comes down to rehabilitation is imprisonment the more effective method in deterring crime? A well punishment such as community sentencing is an alternative program to deter crime and reduces levels of reoffending as the article written by The Guardian in 2012 highlights in the quote “community sentences proven to be 8% more effective than short term prison sentences at
Premium Prison Crime Criminal justice
The Effects of Race on Sentencing in Capital Punishment Cases Throughout history‚ minorities have been ill-represented in the criminal justice system‚ particularly in cases where the possible outcome is death. In early America‚ blacks were lynched for the slightest violation of informal laws and many of these killings occurred without any type of due process. As the judicial system has matured‚ minorities have found better representation but it is not completely unbiased. In the past twenty
Premium Capital punishment Murder
Sentencing Kelley Yiannakis CJ 200 September 8‚ 2013 Carl Dewyer Sentencing The criminal justice system has many important aspects within‚ the most important one is sentencing. Sentencing is the imposition of a penalty on a person convicted of a crime. (Schmalleger‚ 2011) This decision is determined in judicial proceedings by judges and in some cases juries may be involved. In the following paragraphs the philosophical reasons and punishments for sentencing of criminals will be explained
Premium Crime Prison Criminal law
Sentencing Christine Kelly Doty Criminal Law 3/1/13 Proportionality is a general principle in law which covers several special concepts. The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes‚ especially in constitutional law‚ as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. Within municipal law it
Premium Jury Capital punishment Crime
Assess the role discretion plays in the sentencing and punishment of offenders. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Discretion involves the power of Judges and magistrates to determine the most appropriate sentence for a case. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role
Premium Criminal law Crime
Criminal behaviors‚ Punishments and Sentencing in the Criminal Justice System Abstract This paper will give the reader an understanding of criminal behavior and how it can greatly impact the offenders punishment‚ and sentencing in the criminal justice system. There are many mechanisms of criminal behavior‚ and many forms of punishing offenders. The background of an offender‚ will impact the decision of how long the offender will be sentenced‚ which will lead to the beginning of the correctional
Premium Criminal justice Crime Prison