sentencing paper
Sentencing Paper
CJA/234
May 26, 2010
Sentencing Paper
When a person has plead guilty or is found to be guilty of a crime the judge determines their sentence. Sentencing is imposing a criminal sanction by a judicial authority (Seiter, 2011). Every year there are thousands of criminals that are sentenced for their crimes. Sentencing is an important process in the criminal justice system. It is the result of punishment from the courts. There are different reasons for sentencing in the United States. The major reasons for punishment include deterrence, retribution, rehabilitation, incapacitation, and reparation. The federal and state corrections systems also have mandatory minimum sentences; three strikes laws, and sentencing guidelines frequently require specific sentences that have little consideration of personal factors. They also have determinate and indeterminate sentencing, which creates a deterrent for offenders.
There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that the punishment is right because it is deserved. Retribution has been around for some time, it is better known to some as “an eye for an eye” or “a life for a life” in more cases. Rehabilitation is to bring back to life, through therapy and education. A goal of rehabilitation is to prevent habitual offending. Incapacitation is seen as a good consequence of punishment because while behind bars the offender is out of society and unable to reoffend. Reparation means that the offender must make restitution to the victim as part of the punishment as a part of their condition for reentry to society. Reparation may be added with incarceration or rehabilitation.
CJA/234
May 26, 2010
Sentencing Paper
When a person has plead guilty or is found to be guilty of a crime the judge determines their sentence. Sentencing is imposing a criminal sanction by a judicial authority (Seiter, 2011). Every year there are thousands of criminals that are sentenced for their crimes. Sentencing is an important process in the criminal justice system. It is the result of punishment from the courts. There are different reasons for sentencing in the United States. The major reasons for punishment include deterrence, retribution, rehabilitation, incapacitation, and reparation. The federal and state corrections systems also have mandatory minimum sentences; three strikes laws, and sentencing guidelines frequently require specific sentences that have little consideration of personal factors. They also have determinate and indeterminate sentencing, which creates a deterrent for offenders.
There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that the punishment is right because it is deserved. Retribution has been around for some time, it is better known to some as “an eye for an eye” or “a life for a life” in more cases. Rehabilitation is to bring back to life, through therapy and education. A goal of rehabilitation is to prevent habitual offending. Incapacitation is seen as a good consequence of punishment because while behind bars the offender is out of society and unable to reoffend. Reparation means that the offender must make restitution to the victim as part of the punishment as a part of their condition for reentry to society. Reparation may be added with incarceration or rehabilitation.
References: Free Dictionary. (2014). Determinate Sentence. http://legal-dictionary.thefreedictionary.com/Determinate+Sentence MacKenzie, Doris. (2001). Sentencing and Corrections in the 21st Century: Setting the Stage for the Future. https://www.ncjrs.gov/pdffiles1/nij/189106-2.pdf Seiter, R. (2011). Corrections an introduction (3rd edition). Upper Saddle River, NJ: Pearson/Prentice Hall.