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Judicial Process Discussion Chapter

Sentencing Philosophies The four sentencing philosophies of the American Criminal Justice System are retribution, deterrence, rehabilitation and incapacitation. Each is grounded in a set of beliefs that address the relationship between the severity of a crime and the purpose of the sentence. Retribution is based on the belief that the sentence should be imposed according to the severity of the crime committed. A common expression used to describe this philosophy is, "an eye for an eye." According to this philosophy, no other circumstances, such as the influence of a psychological illness, are considered in the sentencing. Deterrence is based on the belief that fear of...

Prison sentences, or a heavy fine, are examples of sentences that apply to this philosophy, which is essentially grounded in fear. Rehabilitation believes that fixing the causes of the offense, that is the specific problems of the offender, will reduce the risk of future crimes. The sentence under this philosophy would be probation, individualized therapy and community service orders. Finally, the philosophy of incapacitation is based on the most logical conclusion. An offender is made incapable of committing further crime if he is sentenced to a long prison sentence. The…

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