Dozens of writers, reformists and activists have already narrated the story of America's harrowing prison epidemic spread wide by the politics of corporate greed and fueled daily by scapegoating the poor and vulnerable. With nearly twenty years experience in public policy development, criminal justice reform, and promoting alternatives to confinement, now comes Marc Mauer, Assistant Director of The Sentencing Project, a national organization based in Washington, D.C. which advocates for substantial changes in our ways of punishing criminal…
Spohn, C., Kim, B., Belenko, S., & Brennan, P. (2014). The direct and indirect effects of offender drug use on federal sentencing outcomes. Journal of Quantitative Criminology, 30(3), 549-576. doi:10.1007/s10940-014-9214-9…
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.…
Sentences for crimes committed have been handed down for as long as there have been crimes to commit. There are many factors to be considered by the judge tasked with sentencing in a criminal case, including an offender’s criminal history and actual involvement in the commission of the offense. First-time offenders may be grated leniency in sentencing, but it can be argued that such a practice is contrary to the nature of punishment and detracts from the effects of the crime on the victims. Punishment serves three general purposes that serve to benefit the victim, the public, and the offender: retribution, prevention, and rehabilitation.…
The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Prior to the sentencing reforms of 1984, most of the 20th century federal sentencing was largely based on rehabilitative model where sentencing was indeterminate. By the 1970s, the traditional sentencing system came under increasing attack as public interest in the criminal justice system prompted “crime research boom time” (Nagel, 1990; Wilkins, 1987). The concerns manifested to a policy reform focusing on retribution, deterrence and incapacitation as means of getting tough on crime and.…
The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…
This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence, or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or ethical beliefs as a whole, and by the population at large. Throughout history, the sentencing and administration of punishments have been swift, brutal and often times ending with the death of the offender, but in our more civilized and modern society,…
Several different objectives exist in sentencing, including “deterrence, incapacitation, rehabilitation and retribution” (2012). Retribution is a sentencing objective that has proven to be the most effective in…
Moving forward, we examine the rehabilitation view. This view of punishment fails the guilt requirement because the criminal justice system would have to sort out all the potential criminals from society and attempt to rehabilitate them and attempt to make them into a better person, which would be nearly impossible. It also fails the equal treatment requirement because each criminal would require a different form of…
Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence.…
In 1998 the District of Columbia Sentencing and Criminal Code Revision Commission was charged with developing a comprehensive structured sentencing system for the District. The Commission concluded that the District could benefit from a comprehensive structured sentencing system. Next, the Commission embarks the difficult task of creating workable sentencing guidelines for felonies. As Washington, DC follows the lead of other jurisdictions as well as an earlier effort in the District, the Commission developed two grids: one for drug cases and one for all other cases in the direction of the dominant factors in sentencing: the offense of conviction and the criminal history of the offender.…
The sentencing phase of the criminal justice process is where a guilty offender is sanctioned for his conduct. The goals of sentencing include retribution, rehabilitation, deterrence, and incapacitation. Historically the primary goal has varied by criminal justice era and the crime committed. However, each sentencing goal has a specific purpose (Masters, et al., 2017). The sentencing goal of retribution is normally pursued in heinous crime cases. Its aim is to castigate the offender. In contrast, rehabilitation is a sentencing goal that seeks to correct offender conduct, by teaching offenders, skills that aid in the prevention of recidivism. On the other hand, the sentencing goal of deterrence seeks to discourage future criminality by way of…
Immoral actions such as possession and use of drugs are common elements relating to crimes. Notably, these variables impact the procedure of applying the law fairly to all offenders of all crimes. Though restorative justice and retribution may work together in theory, it may not work in practice. Thus, our current system of retribution, (which identifies with negative judgment), is the prevailing form of justice in our society. The principle of Retributive justice is to correct the wrong and prevent retaliation by the…
Convicted felons can be punished in many different ways, but one thing is sure it would not be cruel and unusual. Before we look at how we punish offenders we must first understand why we are punishing them. The general purpose behind punishment is to inflict upon criminals some kind of suffering for the crime that they have committed or to protect society from those considered too dangerous to live amongst us. Punishment, a necessary evil, is sometimes required to deter law violators from repeating their crime and to serve as an example to others who would also violate the law. Schmalleger, Frank J. Criminal Justice Today An Introductory Text for the 21st Century (81).…
As you sow, so shall you reap. Despite its Biblical lineage, this common saying within American pop culture is held true by citizens across all religions, sectors, and political parties. Essentially, every negative action should be met with negative consequences, every severe crime should be met with severe punishment, and so forth. This karma-like notion is sprinkled across legislation within all areas of modern society. However, the American people’s innate drive for “payback”, or antagonistic repercussions for all crimes committed, may have reached its breaking point. The implementation of mandatory minimums, or unalterable minimum sentences for specific offenses, has proven harmful to the United States’ economy…