1. Of the various goals of sentencing, which one do you favor? Why? Explain the disposition suitable to your choice.
There are various goals of sentencing or punishment for an offender. In my opinion, of the seven goals I personally favor rehabilitation. To begin, rehabilitation is providing offenders with the services or programs they need in order to change their behaviors, character, and attitudes. Many of these wrongful behaviors are what gets them into the criminal situations they find themselves wrapped up in. By offering them hands on help to fix themselves we can eventually reduce crime. I believe that many if not all offenders have poor behaviors and attitudes, which allows them to commit crime without any second thought – by changing
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On several occasions is it quite possible through rehabilitation to target these predispositions and reduce or eliminate the possibility of committing crime all together. Many of these programs focus on an offender’s risks and needs. For example, if we find an offender who is highly addicted to drugs or alcohol and several of their offenses involve drugs and/or alcohol we can provide them drug and alcohol treatment, counseling, and support. Rehabilitation would allow the offender to overcome their addiction and better themselves. Other rehabilitation programs allow offenders to learn job and social skills, provides education, and overcome barriers (drugs, alcohol, violence, etc.) – overall, it encourages offenders to change their own paths and set themselves up for a better future through reintegration into society. In conclusion, of the seven goals of sentencing I believe that rehabilitation is the most promising because it deals with the offenders’ behaviors and attitudes directly – while setting them up for an encouraging future, …show more content…
An indeterminate sentence is a sentence which has no definite term – this typically consists of a minimum and maximum sentence (ex. 10-20 years). On the other hand, a determinate sentence is imposed of a definite term – meaning a set amount of time (ex. 20 years). It is also essential to compare the two sentencing types in order to make an accurate decision. First, an indeterminate sentence allows for the early release of an offender based on their behavior or the effect of good time. An offender can reduce their prison time through good behavior up to 54 days at the end of each year – hence, they can meet early release requirements if they then serve the required minimum length of their sentence and then receive parole. Consequently, a determinate sentence follows guidelines specific to the crime, which is typically a mandatory sentence. This type of sentence comes from structure guidelines judges use, which says offenders who have committed similar crimes will also receive similar incarceration sentences (depending on the severity of the crime and conduct). A determinate sentence is used to reduce disparities and increase fairness in the legal system. Due to the fact that a determinate sentence is X amount of years there are very little opportunities for good time and early release. Therefore, if I were to appear before a judge tomorrow, I would hope to
When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.
Sentencing is used as a form of punishment and rehabilitation for crimes committed. An ongoing study is the true effectiveness of such reprimands and the philosophy of judges determining proper consequence. A majority of states have developed their own hierarchy of discipline with some communities adopting minimum sentencing statues for infractions while other states value the implementation of the death penalty and work backwards on grounds of penance (Lynch). Sentencing reform is a constant public interest that varies from state to state that driven by judges, and their constituents, on how to meet the publics need for proper treatment while balancing local and state funding for imprisonment and probation
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: Fines Community service Diversion programs Probation GPS monitoring Jail Prison 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.
This essay will compare indeterminate and determinate sentencing; outline the pros and cons of each sentencing model while providing two examples of each. Indeterminate sentencing is a form of “criminal punishment that encourages rehabilitation through the use of general and relatively unspecific
The mandatory minimum sentencing law provides a judge with a set minimum sentences based on the charges against the defendant. The minimum sentences are usually extremely long sentences. Judges are not able to reduce the charges no matter what the defense’s argument may be. Normally in court, the defense is able to argue for a shorter sentence, but that is not the case for mandatory sentencing laws. All the power of sentencing lies with the prosecutors in these cases.
In order to discuss indeterminate versus determinate sentencing, we must first define them. Indeterminate sentencing is a form of “criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences” (Schmalleger, 2015). An example of an indeterminate sentence would be a term of imprisonment of 1-10 years meaning an offender can serve no less than one year and no more than ten. The sentence is not determined. Determinate sentencing is another form of criminal punishment in which an offender is given a fixed term of imprisonment (Schmalleger, 2015).
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 retribution part is to punish the person for the crime that they permitted against society, and the incapacitation part is to remove that person out of society so they do no further harm. Deterrence means the prevention of future crime, and the rehabilitation teaches life skills and in the betterment. However, author Sandiford says that instead of solving crime, mass incarceration has infected our communities and striking them with devastating symptoms, and prison costs have skyrocketed, inmates ' families have been torn apart, and the system is overwhelmingly stratified by race and class (Sandiford,
In the U.S. criminal justice system, there are two basic sentencing models that the courts use to apply their judgments. These are determinate sentencing and indeterminate sentencing. Determinate sentencing can be referred as a set sentence imposed to an offender this model is based on the famous phrase “Do the crime and will do the time”; however, this model has a unique quality and that is that a parole board can’t overturn the length of the sentence that was imposed. On the other hand indeterminate sentencing can be describe as the length of a sentences that has not being defined yet like the term “25 to life” on this term you can see that the sentencing was not set to an specific time frame, that means that the offenders release date is
In determinate sentencing the judge can make adjustments to the final day of incarceration, however, the inmate can leave no sooner that the mentioned final day. During indeterminate sentencing, a final day of incarceration is not known exactly and adjustments can be made for different modes of incarceration. The judge and jury are able to change these sentences depending on the severity of the crime and the history of the inmate. I believe that this is why judicial discretion has such a great effect on these types of sentencing. The sentences can be adjusted appropriately in order to be sure that the offender does not end up being given too much or too little time for the crime that they committed.
Indeterminate sentences are imposed with the individual criminal in mind. A minimum and maximum sentence such as 3-5 years are given by a judge. After the minimum sentence is served, the length of incarceration may vary based on the prisoner’s level of cooperation with the correctional agency. Early parole may be granted for good behavior. Determinate sentences are a fixed term of incarceration.
Deterrence and the Death Penalty: The Views of the Experts. The Journal of Criminal Law and Criminology (1973-), 87(1), 1. doi:10.2307/1143970 This article was written by Michael L. Radelet and Ronald L. Akers. They both consulted experts on criminology and criminal behaviour to evaluate the effectiveness of the Death Penalty.
However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).
This approach also prevents overcrowding in prisons because it also deals with rehabilitative
There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.