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.
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Critical Issues in the American Criminal Justice System: Sentencing Decisions and the Death Penalty Richard W Ramsay Dr. Allen Lowery CJ 6624 – Court Administration December 1‚ 2010 Abstract This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies‚ sentence decision making‚ and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper
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Punishment vs. Rehabilitation The criminal justice system comprises many distinct stages‚ including arrest‚ prosecution‚ trial‚ sentencing‚ and punishment‚ quite often in the form of imprisonment. As will become clear‚ it is in the last two of these many stages that the debate over rehabilitation and retribution is of special significance. "Rehabilitation is the idea of curing’ an offender of his or her criminal tendencies‚ of changing their habits‚ their outlook and possibly even personality
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the punishment action‚ known as retribution‚ the purpose of prisons can be divided into another 3 categories. Firstly‚ incapacitation‚ it can be expressed as isolating the criminals and depriving their freedom by locking them in a secure place. Secondly‚ for people who intend to commit crime but have not broken the laws‚ prisons are deterrence to some extent. In another word‚ prisons act as a warning in people’s mind to prevent future crimes. Finally‚ rehabilitation means that the prisons have the
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types of deterrence; specific deterrence and general deterrence. Specific deterrence occurs when an offender is caught‚ punished‚ and decides not to engage in further criminal behavior because he or she now understands the consequence of that behavior. (CJi Interactive Multi-Media). General deterrence occurs when an offender is caught and punished‚ and this punishment is observed by others. Therefore‚ these others‚ do not engage in criminal behavior themselves to avoid punishment. Deterrence may result
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efficiently as well as adequately. Federal Department of Corrections The Federal Corrections Department operates on a very similar scale. The Federal Department of Corrections has the same goals as the State Department of Corrections with the same rehabilitation programs in
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refer to the goals of punishment as the theories: Retribution‚ Deterrence‚ Rehabilitation‚ and Social Protection‚ while others refer to the philosophies behind these goals of punishment: utilitarian‚ retributive‚ and denunciation theories. Presently‚ the U.S. conception of punishment is a combination of the utilitarian‚ retributive‚ and denunciation theories. However‚ the most widely accepted rationale for punishment in the United States is retribution. This is seen in the rationale for a conviction
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are deterrence‚ retribution‚ restoration‚ incapacitation and rehabilitation (Mutchnick‚ 2011). The purpose of deterrence is to prevent criminal behaviors through the fear of punishment and prosecution. Retribution seeks to take revenge on a criminal by punishing them and making them pay for their crime. Restoration attempts to repair the damage done to the victim by building back the relationship between the victim and the criminal and between the criminal and the community. Incapacitation takes
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Term Paper Is capital punishment defensible? Submitted to: MH In partial fulfillment of requirement for the course Use of English Submitted by: TDH Kingston‚ Jamaica June 13‚ 2003. Morgan Hill‚ a man convicted of murdering a nineteen-year-old woman‚ was the last person to be killed by the island’s judicial system some fourteen years ago. Our government suspended the death penalty in order that amendments could be made to the laws of our country‚ amendments that would protect
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regardless of the length of time imposed‚ all are considered to be goal oriented‚ which means they have a specific goal to be had when being handed down to an offending party. All in all‚ there are four primary goals of sentencing: * Rehabilitation/Reformation: Rehabilitation is a goal of sentencing that consists of a planned intervention intended to change behavior (i.e.; drug treatment); it is based upon the premise that by changing the behavior of an offender they may be “molded” back into a contributing
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