As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme:
Death penalty (Rio Salado, 2022).
Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings. More specifically, the criminal justice system uses four philosophies during sentencing. The four basic sentencing philosophies within the criminal justice system are rehabilitation, retribution, deterrence, and incarceration. Each punishment listed above will fit roughly into one of these philosophies commonly used. Rehabilitation is the belief that by addressing the causes of crime, society can reduce repeat arrests. …show more content…
Well, there are a few reasons. Mandatory sentencing is one reason why the rates are increasing. Before the 80s, there were not many mandatory sentences in place, but now there are for crimes like DUIs, drug charges, domestic-violence cases, and having prior felonies. Having prior felonies is also part of the "Three strikes model," which states that if an offender has two prior felonies, a third can result in a life sentence in prison (Rio Salado, 2022). Another reason incarceration rates are rising is because more women are getting arrested. Before the 80s, most women stayed home and cared for the house, yard, children, and pets. Since women began working outside the home more, they became exposed to more criminal elements that may create more criminal thinking and act upon those thoughts. Therefore, another reason why restorative justice is so important. Too many people are imprisoned, prisons are overcrowded, and diversion programs are cheaper than jail or prison
Criminal Justice Reform Sources: https://obamawhitehouse.archives.gov/issues/criminal-justice-reform The U.S continues to face a crisis of mass incarceration that seems to be growing bigger and bigger each day in this country. There are nearly two million people in prison in America today, according to the Obama White House Archives, over twice the number there were 30 years ago, when there were just 500,000 in jail. There are fewer than five percent of the world's population in the United States, but there are more than 25 percent of the world's prisoners there. Approximately $80 billion of the national budget is spent on keeping people in prison in the United States every year.
The prison rates are continuously increasing with inmates.
That is a 500% increase from forty years ago.2 The U.S. also has the world’s highest incarceration rate. Here we host 25% of the world’s incarcerated population, even though the U.S. only accounts for 5% of the world’s population.2 Because of that, the U.S. spends $262 billion a year to run this system.2 This does not just have a monetary affect; prisoners suffer wage losses which make it hard to adjust back into the community when they are released. Because of their criminal record, they also miss out on job opportunities and the ability to benefit from public housing. Due to the struggles prisoners face after being released from the prison system, it is not surprising that about 45% of prisoners go back to prison, raising the incarceration rate.2 While researching, I found some interesting information on incarceration in Louisiana.
The literature answers the issues of incarceration rates increasing by giving us the product such as legislative decisions that were the primary reason that led to the increase of charging and imprisoning more offenders as well as increasing sentences, limiting prison release, and expanding the prison capacity. Higher incarceration rates were not the sole reason for the increase in crime. Prisons were continuing to be built even though crime had been declining. Later resulting in the sharpest decrease in crime in American history. Essentially every states incarceration rate was increased by 150 percent from 1970 to 2000, and the median state increasewas 390 percent, which was taken from the Bureau of Justice Statistics in 2012.
So in a nut shell, every state has its own set of rules for the punishment of criminals called sentencing guidelines, which are sentencing policies prosecutors and judges use for people convicted of serious misdemeanors and felonies (Peak,2015). The crime and the criminal 's previous criminal history is considered when a judge hands down a sentence. People that oppose alternative sentencing argue that an individual 's circumstances are unique and should be considered during sentencing, otherwise there is a possibility of
The are several types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process. Unfortunately, sentencing decision is one of the most difficult made by any judge or a jury especially when it impacts someone’s life. Additionally, there are numerous sentencing models in the United States such as determinate, indeterminate, and mandatory minimum sentencing. First, determinate sentencing is a set term of incarceration and sentencing could potentially be reduced by good time.
The criminal justice system is made up of three branches that carry out their own specified function for efficiency and intentionality. The corrections branch is tasked with the duty of imposing sentences on individuals convicted of crimes. Criminal sentences serve multiple purposes including punishment, deterrence, rehabilitation, and protection of society. Numerous philosophies make up the reasoning behind these types of punishments. The ideology of punishment ranges depending on the desired outcome, so the criminal justice system implements different philosophies in order to achieve a few of the outcomes they strive for.
The criminal justice system has four perspectives: retribution, incapacitation, deterrence and rehabilitation. These four perspectives have distinct policies and objectives with varying rules and regulations. The first perspective is Retribution.
It is important to remember that justice must be applied equitably and fairly, and that no matter how many preventative measures are taken, crime will always exist and justice must be served. By using all available resources to investigate and prosecute criminal activity, providing adequate resources for victims of crime, and recognizing the role that rehabilitation and restorative justice can have in addressing the root causes of crime, the criminal justice system can help to ensure that justice is served and that perpetrators of crime are held accountable for their
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
" Given this variety of punishments, a judge will then consider all the circumstances to determine where along the prescribed range a particular criminal 's punishment should fall. There are a lot of factors considered by judges. Like whether the offender is a "first-time" or repeat offender, if the defendant was an accessory or the culprit, whether the offender committed the crime under stress or duress, whether anyone was hurt,
Deterrence and retribution are two major philosophies that underpin punishment in the Criminal Justice System. Deterrence is a philosophy which aims to prevent or reduce crime through the fear of punishment with the aim that the threat of punishment will prevent people committing crimes. Whereas retribution is a philosophy which aims to punish the criminal for the act caused with the idea that the punishment should be proportional to the harm caused for example the idea of ‘an eye for an eye’ (Philosophies of punishment 2005). The aim of this report is to define and explain both retribution and deterrence compare and contrast the philosophies and discuss their strengths and weaknesses. Identifying which philosophy is the most effective for
Based on theories of inclusive of behavioral, societal and interpersonal psychology, the most influential to reducing recidivism is that of restorative justice. Moral justice reflects the perceptions and moral values of its social structure else face not only resistance to comply but a reduction in the social perception regarding the legitimacy of their authority. The major differences between the current justice model and restorative justice models is a shift in focus from satisfying generalized social justice to satisfying micro-justice as well. This has allowed greater involvement for victims regarding procedures, requirements for restitution and a voice in sentencing as well as opportunities to communicate with the offender in a personal manner (Cialdini, 2007).
Sentencing can mean a variety of things such as, fines, probation, time in a rehabilitative service, etc. When a judge sentences the defendant, he bases it off the severity of the crime. The Sentencing Process and Determination There are different options in the sentencing process.
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.