Once a defendant is tried‚ he/ she is sentenced‚ or punished‚ by a judge. A judge considers many factors when sentencing a defendant. One of the factors are rationales‚ or justifications‚ for criminal punishment. There are five rationales. They are as follows: 1. Retribution 2. Incapacitation 3. Deterrence 4. Rehabilitation 5. Restoration and Victim’s Rights (Bohm & Haley‚ 2014‚ pp. 330-331) Retribution is the only rationale that specifically addresses what has happened in the past. It has two
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Sentencing Christine Kelly Doty Criminal Law 3/1/13 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
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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
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The five relationships of Confucianism are father and son‚ elder brother and younger brother‚ husband and wife‚ older friend and younger friend‚ and ruler and subject. Confucius believed in these relationships as the building blocks of a civilized society. He also believed that a particular set of behaviors must be maintained in each relationship‚ which usually comes from the development of deliberate traditions. Without them‚ he believed humans would return to anarchy. Being morally upright means
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Criminal Sentencing Decisions within the American Judicial System Abstract A major issue in criminal justice is sentencing. America’s court system has struggled to balance competing goals and policies in regards to criminal sentencing. This paper explores the ideas behind changes made to the sentencing policies with the United States judicial system. It begins with an overview of the goals behind criminal sentencing. This paper concludes with a discussion on the current status and disparities
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Criminal Sentencing Hazel Hamm Juvenile Justice: CRJ301 Saundra McDavid March 26‚ 2012 Criminal Sentencing A major issue in criminal justice is sentencing. Sentencing is the process by which judges impose punishment on a person convicted of a crime or crimes (Wallace 2012). After‚ a person is convicted of a crime‚ whether through a guilty plea‚ plea bargain‚ or jury verdict‚ the appropriate legal punishment is determined at the sentencing phase. Sentencing usually takes
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The Process Christian Carvajal AIU Online Abstract 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. The Process The justice system set a process established by the government in order to control everyday crimes and post penalties to all of those people that
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Sentencing is very important and usually the last stage of the criminal process. The purpose of sentencing is to punish the criminals while at the same time stopping crime from continuing. The five philosophical reasons for sentencing are retribution‚ deterrence‚ incapacitation‚ rehabilitation and restoration. 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. Deterrence is the strategy
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My theory for the reasoning of punishment has two main goals which are to provide justice for the victims and a lesson to the convicted. When a judge sits in preparation to initiate sentencing they have to go through numerous thought processes because of the uniqueness of every case. Considerations such as what are they trying to accomplish with the punishment and who would benefit from such a sentence. General factors like the age of the convicted and the heinousness of the crime committed matters
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Sentencing Paper David Sanders‚ Delisa Hooks‚ Deborah Chapman‚ Henry Woeltjen‚ Angela Westbrook CJA/354 May 21st‚ 2012 Steven Duskie In our society sentencing plays a big part in our criminal justice system. Not only does it plays a big part but it helps to deter and reduce crime to help keep our street safe from those that want to cause us harm. In this paper we will begin to analyze the various forms of sentencing that are used along with their rational. The impact of tough sentencing giving
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