Philosophy Of Sentencing

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,
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,
Remorse for the offense and apology to the victims, court and society are greatly scrutinized and regarded in the sentencing stage of a trial, however, they are not to be used as a replacement for punishment, but may be regarded for leniency. Remorse and apologies have been ingrained into our psyche beginning in childhood, where a simple “I am sorry”, is a request for forgiveness and can mend many broken fences. For the victims involved, an apology can be the start of the healing process and closure for crimes of an intense emotional nature (Bibas & Bierschbach, 2004). Fortunately our society is not limited to just incarceration or death, but there are several options available to the court system. The sentencing authority can implement a monetary fine, community service, house arrest or even probation or time served (Schmalleger & Smykla,