The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th, 6th, 14th amendments, and discuss the 5 philosophies of sentencing.…
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.…
The following paragraphs will define and explain the differences between determinate and indeterminate sentences. This discussion may seem, at first blush, to be somewhat theoretical. However, the issue is a life-altering one for parole as an institution. In a determinate sentencing structure, there is no role for a paroling authority in making release decisions.…
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.…
Sentencing: For committing crimes such as: Vandalism, Trespass and Street Drinking you’ll be given an ASBO (Anti-social behaviour order) that lasts for 2 years (although it could be shortened if the offender behaves in a proper way E.g. not committing anymore anti social acts). Anyone over the age of 10 can be given an ASBO.…
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.…
Today in our country our justice system runs by two models in order to keep peace and order to the public the first model is the determinate sentencing model what the Determinate model is when the judge is about to pass a sentence on to defendant and to address the problem with crimes that has been going around since the 1980s for example the government of some states in our country passed the three strike laws where when someone commits a crime that is considered serious then they get harsher sentences and to tell people who are more likely to commit the crime to don’t do it and it is not worth it . One of the pros for the determinate sentencing model is that the defendant could be eligible for probation, parole and alternative programs…
O 'Hear, M. (2011). Beyond Rehabilitation: A New Theory of Indeterminate Sentencing. Retrieved from Lexis Nexis: https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=48+Am.+Crim.+L.+Rev.+1247&srctype=smi&srcid=3B15&key=f327de58bd6ca8f479356f7658da7248…
The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…
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,…
Outline the power of the courts in sentencing offenders by using one example of a summary offence and indictable offence.…
The purpose of sentencing: the “deserved infliction of suffering on evildoers and “the prevention of crime.” There four fundamental philosophies surrounding the purpose of sentencing. First, the oldest and most common is retribution. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. The second philosophy is deterrence. In deterrence, the goal of sentencing is to prevent future crimes. Deterrence takes a general and specific form. General deterrence is that by punishing one person, others will be dissuaded from committing a similar crime. Specific deterrence assumes thart an individual, after being punished once for a certain act,…
The one quote that stood out the most to me was the one given by the American Correctional Association. They stated, “The absence of a noticeable reduction in the adult crime rate as incarceration rates have climbed raises serious questions about the efficacy of America’s sentencing policies”. To me this is very relevant to society today. In American today the incarceration rates have climbed, but the adult crime rates have not reduced. Therefore, how effective is our sentencing policies in America. The American Correctional Association is hinting at the ideology of deterrence, and what deterrence should encompass. In goal of deterrence is highly theoretical (which is half the problem) in the fact that it is intended to prevent other potential offenders from committing crimes due to the potential for punishment. In other words, deterrence is supposed to make people not want to commit crimes if they see harsh punishment against crime. Therefore, the behavior of the offender should change, because they will not want to go through with the crime to resort with that harsh punishment. However, does this actually work? Do prisons deter people from crime? Behaviorally, I do not think deterrence works, because this might not faze them. Sometimes when people commit crimes, they do not care about the punishment, or feel any kind of remorse. Therefore, their behavior would not change so deterrence would be ineffective. Also, this also comes across the ideology of the death penalty, because that’s a major punishment. However, the death penalty doesn’t stop people from committing the crimes that person committed either. Therefore, deterrence simply does not work, because for an adult a slap on a wrist doesn’t cut it anymore. However, I believe incapacitation sentencing does work, and this should be used instead of deterrence. If you are imprisoned how are you supposed to commit crime? You simply can’t. Therefore, if an…
The four fundamental philosophies surrounding the purpose of sentencing are; retribution, this philosophy is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered, deterrence, this strategy is the thought that if the punishment given is severe enough that it will stop the potential criminal from committing the crime or to be a repeat offender. Incapacitate is the third philosophy that is a belief that if the criminal is detained for a crime, thereby being separated from the community reduces the criminal activity and once released will not be as likely to be a repeat offender. Rehabilitation is the fourth and final philosophy that surrounds the purpose of sentencing, some believe that society is best served when those who break the law are not simply punished but are provided with resources needed to eliminate the need or want to engage in criminal…
Proportionality is a general principle in law which covers several special concepts. The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. Within municipal law it is used to convey the idea that the punishment of an offender should fit the crime.…