Logic Of Sentencing Criminals Humanity Has Always Essay

PAGES
4
WORDS
1234
Cite

Logic of Sentencing Criminals Humanity has always dealt with the problems related to crimes committed against both individuals and the public. Philosophers, judges, lawyers, public figures, government officials, and corrections institutions have proposed many forms of punishments or treatments to deter public and individual crimes in a given society. These punishments and treatments have built upon the past theories and ideas and also responded to the needs and interests of the given time or a society. In America today, there are four basic philosophical reasons for sentencing and six commonly known forms of punishment. When discussing the reasoning for sentencing and the forms of punishment, Americans offer one form of punishment or another depending on one's personal views and understandings. Some prefer severe punishments for the purposes of retribution and deterrence, while others specifically focus on rehabilitation. For the purpose of reducing recidivism, however, it is important to strike a proper balance, targeting the right persons for rehabilitation and others for stronger punishment. At the heart of these policies and programs should be evidence-based practices.

Of the four philosophical reasons for sentencing criminals, incapacitation refers to prevention of the offender from committing further crimes, usually through imprisonment. Retribution, also known as just deserts, refers to penalties imposed on the offender in strict accordance with what, according to the judgment, he or she deserves because of the crime he or she has committed. The third reason for sentencing is rehabilitation: attempts to "treat" or "correct" the offender through a variety of measures so that the former offender can safely return to society and avoid committing crimes in the future. The fourth is deterrence, which sometimes is divided into two forms: general deterrence in which a penalty is imposed on the offender to deter other potential offenders...

...

255). These are the most common reasons for sentencing although societal needs may necessitate other reasons. For example, today it is common for judges to take into consideration such factors as prison overcrowding or the costs of incarceration for sentencing purposes (Miller & Gaines, 2011, p. 257).
Based on these reasons for sentencing criminals, judges and legislators in the United States today commonly use six main forms of punishment. The first is capital punishment, or death penalty, that is reserved for the most serious crimes such as first degree murder under aggravated circumstances. The second is imprisonment, which is the most common form of punishment and may be imposed for the purposes of all four philosophical reasons: retribution, incapacitation, deterrence, and rehabilitation. Rehabilitation programs sometimes become part of the prison regulation. Probation, which allows the offender to live within the community under supervision, is the third form of punishment. Probation may also include such dispositions as boot camps, house arrest, and electronic monitoring. Prison overcrowding and the high costs of incarceration have contributed to the increase of this form of punishment in the United States in recent decades (Miller & Gaines, 2011, pp. 257-8).

The fourth form of punishment involves the imposition of fines on the offender. They may be imposed independently of others forms of punishment or in addition to probation and incarceration. When the judge assumes the offender not to be a threat to society, fine is usually imposed as the only form of punishment. In some cases, the seizure of the offender's property such as illegal drug may be the form of fine imposed. The fifth form of punishment is restitution and community service. Here the offender does not pay…

Sources Used in Documents:

References

Applegate, B.K., & Cullen, F.T. (1997). Public support for correctional treatment:.. Prison Journal, 77(3), 237.

Cullen, F.T., & Skovron, S. (1990). Public support for correctional treatment. Criminal Justice & Behavior, 17(1), 6.

Kifer, M., Hemmens, C., & Stohr, M.K. (2003). The goals of corrections: Perspectives from the line. Criminal Justice Review, 28(1), 47-69. doi:10.1177/073401680302800104

McFatter, R.M. (1982). Purposes of Punishment: Effects of Utilities of Criminal Sanctions on Perceived Appropriateness. Journal Of Applied Psychology, 67(3), 255-267.


Cite this Document:

"Logic Of Sentencing Criminals Humanity Has Always" (2012, February 25) Retrieved April 16, 2024, from
https://www.paperdue.com/essay/logic-of-sentencing-criminals-humanity-has-78216

"Logic Of Sentencing Criminals Humanity Has Always" 25 February 2012. Web.16 April. 2024. <
https://www.paperdue.com/essay/logic-of-sentencing-criminals-humanity-has-78216>

"Logic Of Sentencing Criminals Humanity Has Always", 25 February 2012, Accessed.16 April. 2024,
https://www.paperdue.com/essay/logic-of-sentencing-criminals-humanity-has-78216

Related Documents

History of Crime and Punishment in Europe 17C-18C This paper traces the history crime and punishment in Europe. It looks at the influences of that time the social and philosophical movements and how they affected the whole evolution of treatment of crime and the thought behind punishment. The paper details about the neoclassical period its forbearers and how they regarded the issue of crime and punishment and their assumptions regarding the

Screen Gender Easy a
PAGES 9 WORDS 2775

This decision was a wise one from a business standpoint and it allowed him to drastically reduce costs, which in turn reflected in lower prices for cocaine. Soon enough then, Lucas became the preferred drug provider, selling the quality Blue Magic at low prices. He even became the wholesaler for other drug dealers in the city. This desire to cut the middle man and deal with operations directly is also

Problem of Evil
PAGES 6 WORDS 2101

Problem of Evil Evil has always been with humanity. From the first man that walked upon the earth up to the present day, evil has been part of life. The purpose of this paper is to show that evil is everywhere, and that, while good is also in abundant supply, evil will never totally be removed from society. The two are part of an alignment of forces; they compliment each other,

Living Constitutionalism
PAGES 11 WORDS 3355

Living Constitutionalism As the leader of the free world, the United States remains in the limelight as the rest of the world keeps a keen eye on how they conduct their affairs. As it appertains to constitutional interpretation, the U.S. has a sound philosophy dubbed 'living constitutionalism.' In the American constitutional dispensation, as in other countries, the letter of the law is unequivocal. That notwithstanding, many agree that every society is

Natural Law In Apology Crito, Plato presents Socrates a staunch defender law, sense respect legal orders polity a basic obligation citizenship. What important reasons Socrates position defense Athenian law? If accept Lewis' critique emotional subjectivism (Gaius Titus' position) Abolition Man sound, interpret Socrates' actions result subjective feelings. Plato's "Apology" and "Crito" and C.S. Lewis' concept of Natural Law: Where both pagan and Christian philosophies meet in agreement One of the most striking actions in

The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. But the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another