Criminal Sentencing - 3718 Words

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 involving criminal sentencing. Criminal Sentencing In The Limits of Criminal Sanction, Herbert Packer said that criminal punishment should serve two purposes; â€Å"deserved infliction of suffering on evil doers† and â€Å"the prevention of crime†Ã¢â‚¬ ¦show more content†¦Incapacitation is another goal behind criminal sentencing. The idea is simple. By incapacitating someone (keeping them in prison) they will no longer be able to commit crimes against society. Long prison sentences are not the only means of incapacitating someone. Incapacitation looks at reducing the offender’s ability and opportunity to commit future crimes. This can be done through intensive supervision, electronic monitoring, and even the requirement to register as a sex offender can be seen as incapacitating. Incapacitation assumes that most criminals will continue to commit crimes if they are not restrained. Another goal of criminal sentencing is to rehabilitate. â€Å"Rehabilitation is a programmed effort to alter the attitudes and behaviors of inmates and improve their likelihood of becoming law-abiding citizens† (Seiter, 2008, p. 32). Rehabilitation assumes that criminals have underlying problems that are the cause of their criminality and that if these causes are treated, the offender can return to society and possibly provide some type of restitution for the victims of their crimes. Restitution is also a goal of criminal sentencing. Many sentences with or without confinement also involve some type of compensation, either in fines paid to the government or in damages paid to theShow MoreRelatedCriminal Sentencing Essay1114 Words   |  5 PagesDiscretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. â€Å"While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable factsRead MoreSentencing Of The Criminal Code1414 Words   |  6 PagesIntroduction The Criminal Code is a federal law that authorizes the federal government to legislate illicit acts of crime in Canada. The Criminal Code not only defines conduct that constitutes criminal behaviour, but establishes the type and to what degree of punishment the offender will face once convicted of a crime. Through the analysis of facts with regards to Nina’s case, this paper will identify and examine the main objectives of sentencing. Furthermore, this paper will explore both aggravatingRead MoreThe Sentencing Phase Of A Criminal Case902 Words   |  4 PagesSentencing After a defendant is convicted or pleads guilty, a judge will then decide a suitable punishment (or sentence) during the sentencing phase of a criminal case. There are varying outcomes that can influence sentencing offenders, they can range from probation and community service to prison and even the death penalty. Minor infractions, misdemeanors, or offenders who plead guilty usually get sentenced almost immediately after ones convictions. In complex criminal cases such as serious feloniesRead MoreSentencing Of The Criminal Justice System Essay1514 Words   |  7 PagesSentencing criminals in court is not the easiest thing to for anyone involved, it’s usually a lengthy process that must go through examining evidence, interviewing witnesses and of course listening to the defense. When an offender has been found guilty, a judge must decide what their retribution will be, usually referring to set guidelines. These guidelines help judges decide what punishment would be best based on the offense, criminal history, whether a weapon was used, and many other facts. TheseRead MoreEssay on Criminal Sentencing Purpose1300 Words   |  6 Pages Criminal Sentencing purpose There was once a Television show name â€Å"Berretta† and the show theme song said do not do crime if you cannot do the time. That is a true saying, one that should be on every criminal mind why they are committing a crime. Sentencing a criminal for crimes for which they have been convicted of is their due punishment according to the severity of the crime committed. The Courts have for centuries punished criminals according to the belief of theRead MoreThe Sentencing Policy And The Criminal Justice System1065 Words   |  5 PagesThere are many current criminal justice policies and laws that demonstrate how the policy has been informed by the theories that have been covered this semester. Many connections are not explicit but offer great detail in offering information based on the given topics. The current criminal justice policy that I’ve chosen was the sentencing policy. The sentencing policy was put together to reach every type of case that could possibly be see n in the criminal justice system. Here we will further discussRead MoreThe Goals of Sentencing in the Criminal Justice System1747 Words   |  7 PagesThe Goals of Sentencing in the Criminal Justice System By: Brian Ouellette Criminal Justice CCJ 1020 Mr. Leonardo Cadogan Abstract In the United States there is no standard when it comes to punishment and sentencing. This area of the  criminal justice system is in a constant state of change. Sentencing practices and goals are always being closely examined. From getting tough on crime to more rehabilitative approaches, the views and goals of sentencing are always beingRead MoreEssay on Criminal Justice: The Goals of Sentencing721 Words   |  3 PagesSentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is consideredRead MoreThe Five Goals Of Contemporary Criminal Sentencing933 Words   |  4 Pages When it comes to the criminal trial process, the last step those who are found guilty face before they are incarcerated is receiving their sentencing. There is more to a judge handing down a sentence than just giving the convicted person a time limit for how long he has to stay in incarcerated. When it comes to the different ranges of sentencing, there are five goals of contemporary criminal sentencing, the nature of structured sentencing must be understood and its positives explained, and determinateRead MoreSentencing Is The Final Stage Of The Criminal Justice Process874 Words   |  4 PagesSentencing is essentially the final stage of the criminal justice process, aside from the appeals process. It is a dual decision-making process that consists of two significant stages. The first stage reflects the decision to grant incarceration or probation upon the accused, while the second stage involves determining the length of a sentence (Neubauer Fradella, 2011 ). As this discussion focuses on the second stage of the sentencing process, it is important to understand key stakeholders involved