The Goals Of Criminal Sentencing Essay

The Goals Of Criminal Sentencing Essay

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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.
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...


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...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.








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The Goals Of Criminal Sentencing Essay

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