Effects of Punishment

805 WordsFeb 23, 20114 Pages
Effects of Punishment and Sentencing Jesus Lujan Jr. CJS/200 February 13, 2011 University of Phoenix- Robert Winkler Effects of Punishment and Sentencing The Effects of Punishment and Sentencing Punishment and sentencing are an integral part of our criminal justice system. There are four basic philosophical reasons for sentencing retribution, deterrence, incapacitation, and rehabilitation. There are some factors that that can affect how a wrongdoer is punished. There is a debate surrounding capital punishment with very distinct viewpoints. These topics will be covered in this paper. Purpose of Sentencing There are four basic philosophical reasons for sentencing retribution, deterrence, incapacitation, and…show more content…
Factors of Sentencing The sentencing ritual strongly lends itself to the concept of individualized justice. There are two factors that most judges consider before sentencing a wrongdoer, the seriousness of the crime and if there are any mitigating or aggravating circumstances. The Seriousness of the Crime is the primary factor in a judge’s sentencing decision. The more serious the crime is, the harsher the punishment. Every judge has their own method of determining the seriousness of an offense. Most judges will simply consider the “conviction offense”; that’s where they base the sentence on the crime for which the defendant was convicted. Other judges focus on the “real offense” in determining the punishment for a wrongdoer. The “real offense” is based on the actual behavior of the defendant, regardless of the official conviction. Many prosecutors and defense attorneys are opposed to “real offense” procedures because they can render a plea bargain meaningless. Mitigating and aggravating circumstances are circumstances surrounding a crime that may prompt a judge to adjust the sentence so that it more accurately reflects the totality of the crime. Mitigating circumstances are circumstances that may justify a lighter sentence and aggravating circumstances are circumstances may justify a harsher sentence. A
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