Four Philosophical Reasons For Sentencing

Ch. 9

8. Identify, define and discuss the four basic philosophical reasons for sentencing

The four basic philosophical reasons for sentencing are retribution, deterrence, incapacitation and rehabilitation. Retribution philosophy is defined as a philosophical that those who commit criminal acts should be punished based on the severity of the crime and that no other factors are to be considered during sentencing. Deterrence philosophy reason for sentencing is defined as a philosophy that crime can be prevented through the threat of punishment. Incapacitation philosophy is defined as a philosophy that crime can be prevented by detaining wrongdoers in prison thereby separating them from the community and reducing criminal opportunities. Finally rehabilitation philosophy is defined as the philosophy that society is best served when offenders are provided the resources to get rid of criminal activity from their daily behavior patterns. Retribution just holds the severity of the crime against the guilty and is aimed at pleasing the society as whole party rather than just the victim/s. Deterrence uses other criminals as examples for the community to be discouraged from crime. There are two types of deterrence, general deterrence is punishing one person that has committed a crime,

One of these trends comprises the dissemination of religious radicalization as evidenced by jihadist organizations such as ISIL (ISIS) and Al Qaeda, identified as micro-actors. Another trend in terrorism involves sophistication such as the exploitation of international interchange of information, ideas, and finance towards their benefit. Thirdly, there is evidence of an increasing overlap amid international crime and terrorist activity. The 1996 Antiterrorism and Effective Death Penalty Act (AEDPA) has been responsible for deterring terrorism as well as the provision of justice for persons affected by the respective