Sentencing Theory

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Explain sentencing and the theories behind it. Include the sentencing models and how they are supposed to work. The main purpose of sentencing is to punish the offender and to set a precedent to deter others from doing the same. The five main purposes of sentencing are the deterrence, incapacitation, retribution, rehabilitation, and restorative justice. The sentencing model states that judges and juries evaluate the guilt of the offender. To being with, sentencing has to be fair and cannot discriminate on factors of race, gender. Or religion. Deterrence is the first rule of sentencing as it is based on a principle that punishment would prevent the offender from recommitting the offense another time. The theory behind deterrence is the idea…show more content…
A common focus of rehabilitation states that “criminality is a disease that can be cured”. The theory states that many offenders who are let into rehabilitation are usually treated with medical or drug treatments. The rehabilitation sentencing theory is mainly only given to children and or first-time offenders and not repeat offenders because they obviously have not learned from their past mistakes and have no hope left. The mentality is to find people who are capable of being cured and are able to get another chance in life. Finally, restorative justice is the theory of rehabilitating the victims and not the offenders. While rehabilitation mainly focuses on the offender, restorative justice focuses on getting the offender and victim together to be able to change and address the damage that was done. The goal is to remove the harm done to the victim by having them work together in the hope of…show more content…
Firstly, indeterminate sentencing gives a great variety for the judge on how long he can sentence a criminal. In many cases “prison authorities, not the judge, who determined the term of the sentence to be served”. This model worked by giving major power to the officials in power. They are supposed to work with discretion and ability to change the length of the sentence with please, but can result in intentional and unintentional discrimination to the offender. The structured sentencing models were created in order to remove the faults of indeterminate sentencing. Determinate sentencing is a fixed set of incarceration dates for judges to decide upon. The judge uses fixed terms based upon the crime that was committed. The set term to serve can be reduced by help of parole or good behavior. Unlike indeterminate sentencing, in determinate, the offender actually knows when he or she will be released from jail. This sentencing mandate was made to ensure that all offenders receive an equal sentence and are not judged. The judge cannot give a random amount of time just as he pleases, so this helps make trails fair and equal. Secondly, mandatory sentencing is where the judge cannot alter the incarceration time for an offender and mainly it is because they have been drug or firearm charges. A fixed sentence is imposed and guarantees a fair trial that can’t be altered at the judge’s discretion. Under no circumstances can an
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