Essay on Criminal Justice: The Goals of Sentencing

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

In order to keep a safe society, it is important to establish a nation with

What has society done about reforming sentencing laws in order to reduce the incarceration population? The fair sentencing Act which was signed by president Obama has helped reduce the number of inmates impacted by mandatory minimum sentencing by “reducing the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine, it also increases penalties for major drug traffickers” (White House 2010). What the Act did was changed the ratio of Crack cocaine v Cocaine from 100:1 to 18:1 (U. S. Department of Justice 2010). This Act is beneficial because it

Rehabilitation, what is rehabilitation? Rehabilitation is the action of restoring someone to a normal life through training and therapy after incarcerated, addiction or illness. Rehabilitation can be used for an offender who has committed a crime and is incarcerated, someone who is struggling with addiction or illness. Rehabilitation was originated in 1779 by the British Government as part of the Penitentiary Act, rehabilitation would consist of punishment along with treatment for the offenders. (Benjamin Disraeli 2004). The purpose of rehabilitation is to treat the offender in order for the offender to return to society and be able to contribute, rehabilitation is also a punishment for breaking a law.

Sentencing is defined as the penalty phase which follows a guilty verdict levied for a criminal act (The Free Dictionary, 2014). Sentencing attempts to accomplish four goals:

The first goal of punishment is retribution. Retribution, also known as deserved punishment, it is when one is punished for committing a crime that harmed other people in some manner (277; ch.9). The purpose of this goal is for the criminal to understand that if you commit a crime, consequences will come with that. Depending on the crime that is committed will decide how serious the punishment is. A lot of factors are considered with retribution during the sentencing process. Factors such as the age of the defendant, their previous offense history, not only that but the victims of the crime. The judge might give the defendant a sentence that will not only punish him for the crime but also make the family feel that the proper sentence was given to the criminal.

Retribution: an "eye for an eye, tooth for a tooth". Restitution: applied with the belief that offenders should repay their victim's loss in money or services. Rehabilitation: used more commonly used for juveniles. Incapacitation: is for those who repeated crimes under what are known as habitual offender acts. When a defendant commits a federal crime he/she placed in a federal prison and when the defendant is only incarcerated for only a year he/she goes into a state jail.

As a result of the implementation of mandatory sentencing polices and get tough on crime laws that began in the 1970s, dementia has become just one of the rising age-related infirmities that has plagued the growing aging prison population, drastically increasing prison cost for these individuals. The New York Times editors argue that in order to address the rising caseload of aging inmates in need of mental health care “states must pursue other avenues.” They suggest that states “foster partnerships between prisons and nursing homes to improve the quality of care; consider compassionate release programs for frail inmates who no longer present a threat to public safety; and, no less important, revisit the mandatory sentencing policies that did away with judicial discretion and filled the prisons to bursting in the first place” (“Dementia Behind Bars,” 2012).

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

or she did not nee to record it. If the Government do succeed in the

SANCTIONS, PERCEPTIONS, AND CRIME: IMPLICATIONS FROM CRIMINAL DETERRENCE According to the journal article, the concept of deterrence is simple; it is the omission of a criminal act because of the fear of sanctions or punishments. Deterrence is an important foundation of the criminal justice system. Law enforcement is there to apprehend those that break the law, and to convince the public that there is a risk of apprehension and punishment if they commit a crime. Laws provide a host of different sanctions for the commission of offenses such as: fines, probation, imprisonment, mandatory minimum sentences, the “three strikes” law, and others are all enacted with the expatiation that sanction threats can deter crime is at the heart of the criminal Justice system.

The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to

Rehabilitation is defined as a return to a previous form. In criminal justice, rehabilitation is referred as a designed attempt to change attitudes and behaviors of inmates, concentrating on the prevention of an inmate's future criminal behaviors (Seiter, 2011). Since the creation of prisons, the focus on prisons in the United States was based

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of being punished and it might be reached through the well-developed criminal justice system, one of the main aim of which is to ensure that every wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific deterrence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA, which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they continue committing crimes.