Punishment and Sentencing Paper CJA/224 Garrett LeGrange September 17‚ 2010 There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts‚ but there are many differences between the two. Both court systems try and keep crime from happening
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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.
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Theory of punishment can be divided into two concepts: the Utilitarian and Retributive. Utilitarian theory of punishment to discourage criminal behaviors someone attempts to punish the perpetrators‚ or " shock and awe”‚ the future wrong behavior. Retribution theory attempts to punish the perpetrators because they should be punished. According to the philosophy of utilitarianism‚ the law should be used to maximize the well being of society. Since crime and punishment is inconsistent with happiness‚ should
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an account that if the individuals in the given scenario knew Christ‚ then they will acquire eternal life. However‚ those who do not know Jesus will be condemned to eternal retribution. Considering that Jesus compares eternal life to eternal retribution‚ it is widely believed that the wicked will suffer from endless retribution found in John 5:28-29. In Across the Spectrum‚ Boyd and Eddy defend
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Resolved: Rehabilitation ought to be valued above retribution in the United States criminal justice system... To clarify‚ I will provide the following definitions "ought" is a moral obligation. “retribution” is “Punishment that is considered to be morally right and fully deserved.” “rehabilitation” is “The restoration of someone to a useful place in society.” Since “ought” is defined as a moral obligation‚ the obvious value to look towards is morality. We need to value morality first because
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humanity adhere. The theories of punishment are retribution‚ deterrence‚ rehabilitation‚ isolation‚ incapacitation‚ reintegration‚ restitution‚ and restoration. This essay will explain the philosophies and how it is applied in corrections today. First‚ the oldest form of punishment is retribution. Retribution is essentially revenge. There is evidence revenge occurred in 18 B.C.E. in the Code of Hammurabi. According to our textbook‚ the retribution philosophy is similar to revenge. The punishment
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philosophical reasons surrounding the purpose of sentencing; they are retribution‚ deterrence‚ incapacitation and rehabilitation. Retribution is the philosophy that a criminal’s punishment shall be determined on the severity of the crime he or she committed. It should be noted that retribution is not the same thing as revenge and that the punishment does not satisfy the revenge theory to anyone who may have been a victim. The retribution philosophy also is inspired by the Old Testament‚ where it states
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which weave their way through widely disseminated professional and legal models‚ continuing public calls for sentencing reform.” The five goals of contemporary sentencing are Retribution‚ Incapacitation‚ Deterrence‚ Rehabilitation and Restoration. We are going to discuss what each goal means for sentencing criminals. Retribution a demand for punishment based on a need for vengeance. This is the earliest known rationale for punishment. Early cultures would punish almost every offender almost immediately
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IJA as it is sometimes referred to‚ was created in the 1860’s during the Meiji Era‚ a time when Japan had begun to open herself to influences from the western world. During this time‚ the Restoration as it is known‚ the Samurai‚ one of Japan’s most symbolic and honoured traditions was eradicated. The abolition of the Samurai was part of a larger scale effort to reform the traditional ways of Japans feudal system and class structure. The hope was that this new way of distinguishing between classes would
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trial and found guilty we should have the option as a society to execute them. Morality is a large part of Capital punishment. Along with morality is retribution. Retribution is basically what the criminal owes society. It is his or her punishment for disturbing the peacefulness of society. Retribution is not to be confused with revenge‚ because retribution is only used a deserved punishment and is not done out of anger. Finally‚ capital punishment can also be used as a deterrent against crime. We do
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