“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. 2011. P.81)…
The sentencing system should not be altered, for decreasing the focus and increasing the frequency of sentencing would do more harm than good. An emphasis on merely punishment and retribution in criminal sentencing would prevent the right of an offender to a fair trial. Furthermore, set and compulsory sentencing ignores personal circumstances, which in some cases could make all the difference. With these aggravating factors, hardening the system of law will not bring any advantages to society.…
From the beginning of time, society has not always accepted that the punishment fits the crime. There is always uncertainty and bitterness with the belief that the punishment has been too harsh or too lenient.…
Throughout many years, many attempted to set codes and laws that they felt were for the better of the good. Keeping peace and controlling crime has always been important. But not everyone has gone down the same path. Different theories of how criminals should be punished have changed throughout times.…
a general system of punishment, the punishment of specific persons, and the specific type (and amount) of punishment to be imposed in a given scenario (Duff). With respect to the first component, which he called the “general justifying aim” of the system of punishment (Duff), there are several purposes for instituting a penal system; the most common of which are general deterrence, specific deterrence, incarceration/incapacitation, rehabilitation, and retribution. While it is easy to see how each of these can be beneficial and justify the general punishment system in the abstract, upon closer examination the existence of multiple underlying justifications…
Having such severe punishments for crime really whips the subjects into shape. Had there been less of a penalty, the common man would take advantage of these laws because of no fear of the consequences. If revenge was the core of a legal system, then society could not propel itself forward; it would be too worried about getting even, thus causing it to self-destruct. Without law and order, civilization and a…
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,…
Regrettably, the world we live in is one of corruption and an unsatisfactory criminal justice system. Whether because of condition, upbringing, imperfect decisions, substance abuse, or complete bad timing and chance, all of us discover ourselves in circumstances we 'd rather not be in all through our lives; some of us observe ourselves in circumstances rather worse than that of most individuals. One of those situations is observed in the event of receiving an imprisonment sentence. On top of the sentence itself, the stigmatism of having a confinement record can make life very challenging - but, of course, in detention centers, one can 't earn a considerable wage at all.…
2. Deterrence or public education. Imposing a penalty for a criminal act is also intended to deter that person from repeating the act. Also, when the penalties are well known and there is public dissemination of penalties for a particular crime, it is expected that others who might contemplate the crime would be deterred from engaging in the prohibited activity.…
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…
The relationship between America's overall integrity or moral versus the extent of punishment on crime in America remains vague. Therefore, Americas ethical and moral principles and how they reflect the severeness of crime retribution in our country varies. If one was to consider the incarceration rate on minorities then it is undeniably arguable that America's morals are greatly reflective on our idea of rightful punishment on specific violations. However, if one was to financially consider how our morals reflect our degree of discipline on specific violations, a potentially contradictory argument is provoked.…
In this paper will describe how the system analyzes the principal objectives of punishment within the United States correctional system. It will also describe how the state and federal systems goals of punishment. How does sentencing affect the state and federal corrections systems overall and I will explain and support my answer? Also, this paper will define determinate and indeterminate sentencing within the correctional system and which one of these systems I think is more appropriate for examples of why I believe it is an appropriate sentencing.…
Today our world is over filled with crime. The people committing these crimes must have a consequence for all their illegal actions. The system in place trying keeping everything fair and safe is called the criminal justice system. This was put in place to make sure there is fairness and justice served to all people who break the laws set up by the government.…
Various theories have been advanced to justify or explain the goals of criminal punishment, including retribution, deterrence, incapacitation, rehabilitation, and restorative justice. Sometimes punishment advances more than these goals. At other times, a punishment may promote one goal and conflict with another.…
The need for harsher sentencing in law reform may appease the needed features of punishment, but stricter penalties have not been proven to show reduced crime rates and then follows in seeking to promote social values for harsher sentancing undermining us our social value for fairness and the idea of justice to the individual…