Criminal Justice: The Role Of Sentencing
As a judge, they play many roles; but the main purpose of their role is, “Sentencing.”
Sentencing: is when a criminal is being put on trial, and is being told the amount of time he or she is serving. Judges inquire a great power in the decision-making process to pursuit justice. Depending on a case, some of the jury may see things in a different perspective. Some may lean toward the liberal side, which is more complex and focuses more on why the criminal committed the crime. In addition, liberals also focus on the criminal’s history of mental issues and/ or their Past, that inquire them to commit a crime. Whereas, conservatives, think the criminal created the crime, because criminal’s love the rush of getting away with it and think …show more content…
that they can commit the crime again. They also think the reduction of crime, would be to maximize the punishment for the criminal to show general deterrence.
There are two theories that people fall under when reviewing a case.
One of the theories is called, The Classical Theory (conservative). The classical theory is a crime theory that the criminal committed a crime of personal choice. The ideology behind this theory, is that it less focuses on the rights of the individual. There is a fairness in sentencing, and the criminal’s background is not considered. This ideology”s main focus is protecting the society and future crime sanctions. In this case, “Chuck, a 16 year-old male, was in a terrible car crash.” He was using his dad’s car to drop of his girlfriend from a party that he hosted. There was alcohol, that him and his girlfriend had consumed at the party. Chuck “admits to drinking, but not to being intoxicated before driving.” As chuck was driving back home, he rear ended a vehicle in front of him, killing a passenger. As a judge, focused on the classical theory, chuck can be charged with many different counts. One main charge that chuck would get is involuntary or negligent manslaughter. To clarify, involuntary manslaughter refers “a killing that occurs when a person’s acts are negligent and without regard for the harm they may cause others.” (criminology Text pg268). Many jurisdictions sentence differently based on other counts that may be involved. He could be sentenced to 10 to 16 months in prison just for the involuntary manslaughter itself, it also can differ if it is considered a reckless act. (according to Findlaw.) In this case, Chuck is considered driving under the influence, which may be another charged count. If Chuck is being charged with a DWI, the judge has to consider the facts for intoxication. In other words, the number of drinks that Chuck consumed, period of time consumption, lapse of time between drinks and event.
etc.
Sentencing: is when a criminal is being put on trial, and is being told the amount of time he or she is serving. Judges inquire a great power in the decision-making process to pursuit justice. Depending on a case, some of the jury may see things in a different perspective. Some may lean toward the liberal side, which is more complex and focuses more on why the criminal committed the crime. In addition, liberals also focus on the criminal’s history of mental issues and/ or their Past, that inquire them to commit a crime. Whereas, conservatives, think the criminal created the crime, because criminal’s love the rush of getting away with it and think …show more content…
that they can commit the crime again. They also think the reduction of crime, would be to maximize the punishment for the criminal to show general deterrence.
There are two theories that people fall under when reviewing a case.
One of the theories is called, The Classical Theory (conservative). The classical theory is a crime theory that the criminal committed a crime of personal choice. The ideology behind this theory, is that it less focuses on the rights of the individual. There is a fairness in sentencing, and the criminal’s background is not considered. This ideology”s main focus is protecting the society and future crime sanctions. In this case, “Chuck, a 16 year-old male, was in a terrible car crash.” He was using his dad’s car to drop of his girlfriend from a party that he hosted. There was alcohol, that him and his girlfriend had consumed at the party. Chuck “admits to drinking, but not to being intoxicated before driving.” As chuck was driving back home, he rear ended a vehicle in front of him, killing a passenger. As a judge, focused on the classical theory, chuck can be charged with many different counts. One main charge that chuck would get is involuntary or negligent manslaughter. To clarify, involuntary manslaughter refers “a killing that occurs when a person’s acts are negligent and without regard for the harm they may cause others.” (criminology Text pg268). Many jurisdictions sentence differently based on other counts that may be involved. He could be sentenced to 10 to 16 months in prison just for the involuntary manslaughter itself, it also can differ if it is considered a reckless act. (according to Findlaw.) In this case, Chuck is considered driving under the influence, which may be another charged count. If Chuck is being charged with a DWI, the judge has to consider the facts for intoxication. In other words, the number of drinks that Chuck consumed, period of time consumption, lapse of time between drinks and event.
etc.