Deterrence Sentencing Analysis

The nation’s sentencing model consists of three general types of sentences. These three different types are determinate, indeterminate, and

Similar to the Sentencing Reform Act, the purpose of the United States Sentencing Commission is to prevent inequity of sentencing among federal judges. It’s role is to serve as a strict guideline for Judges to adhere and limits the discretion at which a Judge may alter the length of sentence. The goal of this commission is to hamper factors such as race, sex, socioeconomic status, etc to affect the length of sentence, and aims for the guideline to stand on a neutral ground.

There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happening and both courts sentence those found guilty to some sort of punishment through the punishment philosophy that the court determines is a suitable approach for preventing future crime.

I think a sentencing structure should serve a rehabilitative purpose more so than retributive – particularly when addressing non-violent crimes. Given this, there are a few key elements I can think of that would be the important to any sentencing structure.

A recently released study indicates that the state of New Jersey is currently incarcerating 31% less people than its peak prison population.

Creative sentences for juveniles fluctuate case to case and is strictly based upon the judges will. Creative sentencing includes but is not restricted to probationary sentences (house arrest, supervised probation, unsupervised probation), community service (picking up trash, volunteering, helping others), and or completing a GED if the individual dropped out of school. The majority of judges recognize that juveniles make mistakes or are with others who make bad choices. Depending on the severity of the crime, judges may chose a creative sentence for the individual instead of a harsher punishment.

Sentencing is a complicated, and sometimes extremely harsh set of rules. It has very deterrence, and retribution based set of rules for the most part. Which is indicative of the society we as americans live in. Through this paper i will explain each type of sentencing guideline. They are Intermediate, Determinate, Mandatory, Concurrent, and consecutive. Also we will talk about how in some states mandatory guidelines actually can lower the total prison population. But how in states that are not resource drive, incapacitation is on the rise. Finally i will convey my thoughts on sentencing. How it is a flawed and ,mostly broken system.

Information about the three main areas of sentencing are presented in chapter three of the text book. The first area includes the many purposes of sentences, or punishments. These purposes are as follows: 1. Revenge—i.e. An offender robbed the community of its sense of security by stealing cars.

Deterrence is the use of punishment to stop potential criminals from committing crimes. Potential criminals will weigh the risks of the crime that they are about to commit and if they feel as though the benefits outweigh the risks of the crime than they will proceed with it. There are two types of deterrence: general deterrence and specific deterrence. When it comes to a deterrent effect on punishment, the punishment needs to be swift, certain and severe. The punishment needs to happen shortly after the crime is committed. Offenders need to know that if they are caught there will not be able to avoid punishment and the punishment needs to be severe enough that the offender will view the risk surely outweighs any pleasure they may get from committing

It has to be imposed and administered by someone of authority from a legal system against the particular crime committed.

“Research to date generally indicates that increases in the certainty of punishment, as opposed to the severity of punishment, are more likely to produce deterrent benefits” (Wright, 1). The seriousness of the penalty should prompt the possible offenders to think twice or weigh their options prior to carrying out a crime. Half of State inmates and a third of Federal prisoners reported committing their current offense under the influence of alcohol or drugs (Mumola). This works against the deterrence theory because while the individual is under the influence their thought process is dysfunctional. There isn’t a sound thought process in their mind while committing or before deciding whether or not to commit the crime. “Therefore, it is unlikely that such persons are deterred by either the certainty or severity of punishment because of their temporarily impaired capacity to consider the pros and cons of their actions” (Wright, 2). Another reason deterrence is imperfect is that if there was actual certainty that the criminal would be apprehended, limited people would do so. “Most crimes, including serious ones, do not result in an arrest and conviction, the overall deterrent effect of the certainty of punishment is substantially reduced” (wright, 2). Increasing severity of punishment and sentencing over the years has had little effect because the potential criminals think about the chance of them not getting detained for committing their crime. If the public was more certain

An organ made merely for the pumping of life’s liquid vitality seems to eternally find itself ensnared by emotion’s wrenching influence. Perhaps, it’s the evanescent flutter of newfangled affection or the calamitous distress of unrequited warmth that permits the heart to recognize its position in passion. Or better yet, the irate stab fury emits, initiating one’s dependence upon the appallingly pleasant sting pain produces. Nevertheless, when one attempts to deter whichever fervor embezzling their core, the heart cannot heed to the dominance exerted by compassions sovereign and simultaneous instigator: love. In Crime and Punishment, Sonia displays this smarting love through her refusal to abandon Raskolnikov, through her unavailing faith,

The punishment I created, the offender will have to go through various steps and treatment to return to society. When the offender is found guilty of the crime, they must wear a shirt with the victim’s face on it for a month before being incarcerated (if parents or guardians permits) saying they ruined his/her innocence.

My parents were more encouraging to me than punished. As I grew up, my mother would lock me in my room or paddled me lightly as a form of punishment. I always would get what I want because I would cry and cry until I got what I wanted. My mother most likely was embarrassed by this in which I never realized because I was a kid. On the other hand, my father never punished me; he was more rewarding by getting me what I wanted. For example, when I was at the bowling alley, I wanted a toy out of the game machine. I cried to the floor until the attendant got a toy out of the machine for me. I feel I was definitely a lot more spoiled, praised, punished for than my brother due to the fact I got what I wanted. However today, I definitely grew out of

In the 18th century Cesare Beccaria- an Italian philosopher, doomed the concept of torture and death penalty by introducing the term "criminology" to the world. At present, nearly all countries in the world have adopted the criminal justice system. Criminal justice consists of two tools: Law and Order. On the road to maintain Law and Order, penalty like Prison Term has been espoused. Prison Term could be defined as the length of incarceration for an offender, where the legnth varies from few days to months in a prison. It also embraces life terms in case of serious crimes like manslaughter, rape, murder, armed robbery, and kidnapping. However in the past two decades, increase in a crime rate and prisoners in incarceration indicate the