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.
Introduction This question requires for an understanding on the rules and principles relating to criminal liability for an omission. As well as whether the rules and principles are too restrictive on individual freedom. In order to have an understanding of the rules and principles of omissions, one first must understand how criminal liability is imposed. For a person to be found guilty of a crime they must have both the mens rea and actus reus of the committed crime.
In this essay, I will discuss whether the claim that retributivists are making are right by justifying whether their assumptions about moral responsibility are well founded. A person who has committed a crime must be punished. Punishment makes sure that the offender pays their debt to the society or state. Retributivism justifies that punishment is payback for crime and its main goal is to give the offender their just deserts.
Name: Title: Institution: Labeling Theory This research puts into consideration the labelling theory as an illustrative model for the hypothesis of criminal law-disregarding conduct. The study presumes that for that infringement of the criminal law that have customarily involved the community and the crime victims. There are various research journal articles backing the labelling theory based on the analytical details that have been labeled and comparative of the fundamentals of the theory.
If proper steps are not taken an individual can be wrongfully convicted due to cognitive biases, institutional pressures, and normative features of the criminal justice system. For this reason, it is extremely important to take many factors into account when analyzing a case from the moment the individual went in for questioning till the moment the case is closed. Rightful steps must be made so that the presenting cognitive and physical biases do not cloud the judgment of the prosecutors or judges. For this reason, it is imperative that the criminal justice system has a comprehensive understanding of how tunnel vision can affect the system as a whole regarding criminal case
After arresting, they decide if they should prosecute. After prosecution is determining guilt. When it comes to law and society, the laws against this come from the fact that it violates norms and
The criminal activities theory talks about crime events (Criminal Justice, n.d.) It looks at why some people commit crimes and what are the motivations to commit the crimes. This theory suggests that the daily routine of society could cause or create the opportunity for a crime. All you need is a likely offender, a target, and the absence of a guardian to create an opportunity for a crime. Suggestions made to reduce crime from this theory try to alter the routines and limit opportunities to prevent crimes.
The theory of criminal justice This theory states that criminal procedures are part and branch of philosophy that focuses on punish those who break the law. There is a strong correlation between criminal procedures and the philosophy of law as well as the morals and ethical standards of society. Criminal law theorists put more emphases on offenses that can be seen as illegal and that warrant criminalization of the activities or events. Thus, most of these theorists believe that there is the need to punish the lawbreakers to set an example to other individuals who may have intentions of following their suit or engaging in legal activities.
Theories of punishment and legal procedures determine the fate of those that are sentenced in courts. There are multiple core theories of punishment used to impose a criminal sentence, these theories are as follows; Deterrence, Incapacitation, Rehabilitation and retribution. Deterrence questions weather or not fear can discourage certain crimes. General Deterrence often uses swift and severe sentencing, often using certain accused criminals as examples to discourage would-be criminals. Specific Deterrence focuses on dissuading that specific offender from committing any further crimes.
Mandatory sentencing laws often target moral vices like alcohol, sex, drugs, and to friendships and family via prohibition, and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so serious there is no way to accept the offender back into the general population without first punishing them sufficiently. Some crimes are viewed as serious enough to require an indefinite removal from society by a life sentence, or sometimes capital punishment. It is viewed as a public service to separate these people from the general population, as it is assumed that the nature of the crime or the frequency of violation supersedes the subjective opinion of a judge. Remedying the irregularities in sentencing that arise from judicial discretion are supposed to make sentencing more fair and balanced.
In comparison to other countries around the world, America has the highest incarceration rate (Class Discussion). Yet still, crime remains at a constant state. Other countries, such as Germany and Norway, have low incarceration rates, low crimes rates, and prefer rehabilitative alternatives to incarceration (Class Discussion). The irony of America, is that for decades evidence has indicated a crime decrease, incarceration increase, and defects in the criminal justice systems effort to prevent reoffending. A benefiting factor of high incarceration rates is the increase of free labor from prisoners.
Since the 1700’s punishment for crime has been decreased due to more strong laws and mostly common sense. People would get punished because they practiced a certain religion (what?), or committed an act against rules, or sinned. Punishments included the bloody execution, the painful torture, or lonely imprisonment. Three common ways of being horribly punished were, The Stocks, The Pillory, and The Brutal Whipping Post. The Stocks were used for minors, they had foot rests where a seated criminal would have their ankles shoved in so their legs would be straight
Punishment is defined as the deliberate infliction of pain on a person for the sake of attaining revenge (Gilligan, 2000, p. 746). The social construct of punishment is prison; it is putting the wrongdoer behind bars. Society seeks revenge, and revenge can be prison. Penitentiaries or prisons are institutions, the main purpose is to inflict pain on people for the sake of revenge (Gilligan, 2000, p. 746). Furthermore, punishment tends to be subjective and irrational in comparison to being objective which would remove the emotion.
The punishment fits the crime. That statement conforms to the ideas of a system know as retributive justice. Retributive justice is rooted in proportionality. This means that a punishment should be to the same degree of ones sin. This system appeals to me personally because it avoids giving people the chance to seak revenge.
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for several reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. This literature review will discuss the ineffectiveness of the United States’ criminal justice system and how mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism has become a problem.