Sentencing refers to the imposition of a criminal sanction by a judicial authority. Our society looks to sentencing to achieve an assortment of goals. A Legislator’s view point of these goals for punishment will affect their decisions of sentencing. The five goals that legislators consider are: retribution, incapacitation, deterrence, rehabilitation, and restoration. Each of these goals will be discussed and how they all correspond with each other in a sentencing of the death penalty.
The first of the five goals of sentencing is retribution. This goal is pretty cut and dry because it states that “we are justified in punishing because and only because offenders deserve it” (Moore 1992: 188). Those who do the crime must ultimately do the time. This punishment should be appropriate to the type and severity of the crime committed. Retributivists look at the offender’s just desert (a proportionate punishment) and not on the beneficial consequences of the punishment. The death penalty is the harshest form of punishment but can be sentenced with a Retributive goal. If a murderer takes the life of a man than shouldn’t it be right to take his? The crime he has committed is very severe and his punishment should reflect the same.
The second goal of sentencing is incapacitation. This refers to the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. There are two different policies that must be followed for this kind of sentencing. First, the legislator must decide if the offender is dangerous and if he might commit further criminal acts if set free. Secondly, the legislator must only punish for what the offender has done, not for what they might do in th...
... middle of paper ...
...f these goals in mind, ultimately they all work together. Retribution is deciding if the offender deserves to be punished and of what severity. Also, the legislator wants to keep in mind the goal of rehabilitation, attempt to reform the criminal, when deciding the retribution of the offender. Then incapacitation is too decide if imprisonment is needed to make sure that offender doesn’t commit any more criminal acts. Depending upon if imprisonment is needed and the severity of punishment deterrence’s goal is to make an example of this offender and his sentencing to prevent future criminal by others. Lastly, the legislators want to reflect on all his decision of the sentencing and make sure the goal of restoration will be satisfied. If justice hasn’t been served and the community doesn’t feel a sense of security than our justice systems has failed its purpose.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Goals of Criminal Sentencing Sentencing refers to the imposition of a criminal sanction by a judicial authority. Our society looks to sentencing to achieve an assortment of goals. A Legislator’s view point of these goals for punishment will affect their decisions of sentencing. The five goals that legislators consider are: retribution, incapacitation, deterrence, rehabilitation, and restoration. Each of these goals will be discussed and how they all correspond with each other in a sentencing of the death penalty.... [tags: Crime, Criminology, Criminal law]
1087 words (3.1 pages)
- Community Service within the justice system is being used in the present,due to prison overcrowding.The problem with giving community service as a discipline in the justice system.Some offenders may be a threat to the safety of citizens and safe communities.Community service was established as a way for the justice system to budget for the community.Community Service,(2014) Community service programs where initiated in the United States with female traffic offenders in Alameda County, California in 1966.Local initiatives following in several counties throughout the United States.The state of California believed community service would help address the issue of prison overcrowding.... [tags: alternative sentencing, justice system]
1768 words (5.1 pages)
- For decades, judges in the United States have utilized indeterminate sentencing. Schmalleger defines indeterminate sentences as “a relatively unspecific term of incarceration stated as a minimum and maximum amount of tie to be served” (Schmalleger p. 467). Indeterminate sentences are given in ranges such as two to five years or twenty-five year maximum. The offender will serve no less than the minimum allotted time but will be released once they have reached the maximum time of their sentence. In this case, the offender will serve at least two years in prison but are to be released once they have reached after serving five years.... [tags: Criminal law, Crime, Recidivism, Prison]
1049 words (3 pages)
- As more people continue to be imprisoned, mass incarceration is at risk. It has nothing but negative effects on societies and communities around the globe due to the fact that it leads to the substitutions of imprisonment to be underutilized, such as rehabilitation programs (Kruttschnitt, 2007). Canada’s conservative government’s Safe Streets and Communities Act has already shown a negative effect in the Canadian society. Therefore, rather than Bill C-10 achieving it’s goal in making the Canadian communities safer, it is accomplishing the opposite.... [tags: Criminal law, Crime, Criminal justice, Law]
1466 words (4.2 pages)
- Sentencing in the State of Texas Over the years sentencing in the United States has undergone several dramatic changes. In the eighteenth century, the sentencing of criminal defendants was left to juries. If a defendant was convicted, the jury decided the facts that would affect sentencing, and a predetermined sentence was imposed based on those findings. In the late eighteenth century, legislatures began to prescribe imprisonment as punishment, replacing such punishments as public whipping and confinement in stocks.... [tags: Prison, Crime, Murder, Life imprisonment]
752 words (2.1 pages)
- Society has high expectations for criminal justice. Controlling the behavior of people is a difficult task, and there are several differing opinions on how this should happen. Many believe this can best accomplished by prevention through deterrence. Deterrence can be achieved from increased police patrols, good relationships with the community, and through tough penalties for convicted criminals. When deterrence fails, criminals need to be identified and held accountable for their actions. Law enforcement enforces many different crimes; some of the most serious crimes are violent crimes.... [tags: Criminal Justice ]
1570 words (4.5 pages)
- The United States criminal justice system is an ever-changing system that is based on the opinions and ideas of the public. Many of the policies today were established in direct response to polarizing events and generational shifts in ideology. In order to maintain public safety and punish those who break these laws, law enforcement officers arrest offenders and a judge or a group of the law offender’s peers judge their innocence. If found guilty, these individuals are sentenced for a predetermined amount of time in prison and are eventually, evaluated for early release through probation.... [tags: Crime, Criminal justice, Prison, Criminal law]
1573 words (4.5 pages)
- Criminal punishments are ideally set in place to maintain social order. While it is designed to maintain the social order, there is no single vision of who should actually be punished, how the punishments should be given, or the goals of the punishment. Society has always had the challenge of dealing with crime and violence. The world can be viewed as a violent place to live in. Violence is all around us. In today’s society, all a person has to do is turn on their televisions and are able to see the latest murder story for the day.... [tags: Crime, Sociology, Criminal law, Punishment]
721 words (2.1 pages)
- The Criminal Justice System, a system the British government set up to deal with the treatment of law-breakers, has three main goals to achieve social order, these are, (1) enforcing criminal law, (2) maintaining law and order in the society, and (3) helping victims. This may seem to be a well thought of system, but like any other organisation, there are flaws, and one of the major flaws is discrimination, and the bias that stems from discrimination. Discrimination on the basis of class, gender, sexuality and ethnicity operates at the level of attitude, on the street, in the home, at the workplace or at social venues.... [tags: Criminal Law Essays]
1823 words (5.2 pages)
- Negative Consequences of Mandatory Sentencing In recent years several mandatory sentencing laws have been put into motion. The original goals of the mandatory sentencing laws were to stop repeat offenders and to exhibit a "get tough attitude" on crime. These laws have not been working as intended, instead mandatory sentencing has led to some unfortunate consequences. Some of these consequences are overcrowding in prisons and less prison based rehabilitation. Mandatory sentencing laws do not narrowly target major drug traffickers.... [tags: Papers]
738 words (2.1 pages)
- The Kingdom Of God Destroys Man 's Philosophy
- The Greater London Authority Is Made Up Of The Mayor Of London
- Business Opportunities And Its Customer Relationship Management
- The Obesity Of Fast Food
- Beauty Is Not Sufficient Qualification For Determining The Value Of Art
- Analysis Of `` Cathedral `` By Raymond Carver