Judicial process and legal proceedings

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 further punishment will deter the offender and other potential offenders from committing the crime. 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 philosophy therefore abides by a "protection of the public" ideology that emphasis the removal of offenders from the public completely.

The two sentencing philosophies that would seem to produce the best long-term outcomes for both the offender and society are deterrence and rehabilitation. Deterrence is proven to work in our society. For example, people generally do not speed or cross a red light because they know the potential fine involved with that action. Likewise, generally speaking people do not steal or commit severe crimes because they know the consequences are severe. In society at large, this appears effective in controlling criminal activity. Rehabilitation appears effective because it seeks to solve the source of the problem. Criminal activity has been shown to be more prolific in certain demographics and certain city neighborhoods. Certain lifestyles and life circumstances may make people more prone to commit a crime. The therapy aspect and community involvement that probation requires seek to help the offender and may reduce the risk of future offenses. Long prison sentences rarely changes the personality of the offender and therefore does not reduce the likelihood of a repeat offense once he or she is released from prison. Rehabilitation increases the likelihood of converting an offender into a non-criminal.