A Sentencing Circle is a Restorative Justice initiative which aims to recognize the needs of victim Sentencing Circle has the participation of the community and identify the rehabilitation needs of the offender. Sentencing Circles replace sentencing in formal justice system. A Sentencing Circle includes the crime victims, offenders, family and friends of both, community residence, social service personnel. Everyone in the circle has the opportunity to share what they are feeling in the hearts on the event has effect their life.…
The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th, 6th, 14th amendments, and discuss the 5 philosophies of sentencing.…
The story told in Slaughterhouse Five is very much unique to its setting and the time in which it occurs. The story is told by Kurt Vonnegut, who is also a minor character in the book, about the life experiences of Billy Pilgrim during World War II. The story centers on a specific event that occurs during the war, the Allied firebombing of Dresden, Germany. This specific bombing has gone virtually unnoticed by Americans throughout history since the war due to its location, being in Germany. However, certainly the scrutiny would be much greater if such a horrendous bombing was inflicted upon Britain, America, or another Allied power. In addition, the story itself would not have been told if it were not for Vonnegut’s own unique situation…
In this paper the topics that will be discussed will be what are the state and federal objectives of punishment? How does sentencing affect the state and federal corrections systems overall? With support for that answer, what is the determinate and indeterminate sentencing? As well as which sentencing model that is felt the most appropriate? With an explanation as to why and examples will be provided.…
The second case that the defendant was being sentenced for are charges of theft by deception and writing bad checks. The judge sentenced the defendant to pay a $1.00 fine, and to serve a minimum of ninety days, to a maximum of two years in Western Diagnostic Center in Pittsburgh PA. The judge ordered that the defendant serve his mandatory sentences consecutive to each other. This means he will serve one time period after another. The now, convicted man, will not have the option to serve his time concurrent (running together), he will serve the minimum term allotted for each individual charge on its own. First he will have to complete the 30 days to 6 months sentence for the DUI, he will then be “cleared” of…
The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…
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.…
The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…
Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation.…
As violent crime continued to rise, the public demanded harsher and more definite sentences. The rehabilitative concept was called into question as to its effectiveness, leading to the birth of the determinate sentencing structure. The determinate sentencing structure is that which gives an offender a fixed term of incarceration. This type of structured sentencing reform can be used to deter potential offenders and incapacitate dangerous offenders. For example, bringing drug paraphernalia into a prison requires a fixed prison sentence of two years. Judges, in such a case, do not have discretion when the statute “determines” what the sentence is to…
Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence.…
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,…
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…
A tradeoff for option one, the termination of mandatory sentencing for minor offenses, convey a problematic idea. Giving these minor wrongdoers the inappropriate perception by committing a minor misconduct there won't be any aftermath. As concurred by Evan Bernick and Paul J. Larkin, Jr. (2014), “they argue that mandatory minimum sentences reflect a societal judgment that certain offenses demand a specified minimum sanction and thereby ensure that anyone who commits such a crime cannot avoid a just punishment”. Secondly elimination of mandatory sentencing rejects the idea of sentencing disparity, as agreed by Evan Bernick and Paul J. Larkin, Jr. (2014), “mandatory minimum…
1. The four goals of punishment are retribution, deterrence, incapacitation, and rehabilitation. The one that I believe works the best is rehabilitation. The reason that I believe this is due to the fact that this primary focuses more on the criminal. Allowing them to understand and see what was wrong; thus, making the world and the criminal into a better person.…