Outline Of The Basic Principles Of Sentencing

Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has

Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

The United States is less the 5% of the world population but has almost 25% of the world’s prison population (Coates, 2015; Waldman, 2016). In the last 40 years, the number of American civilians imprisoned by the United States has increased 500%. (Mauer, 2011). However, this explosion in incarceration rates has not been evenly distributed throughout the American population (Waldman, 2016). While one in seventeen White men will be imprisoned in their lifetime, one in sixteen Latino men will face this fate and for Black men, the number is one in three (Mauer,2011). Neither the racial disparity in incarceration nor its scale was accidental (Coates, 2015). The mass incarceration of Black men in the United States was a direct result of the “War

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

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

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against

After legal challenges began on behalf of defendants disputing the constitutionality of the Sentencing Reform Act and the Guidelines, the Commission was given the task of monitoring the effects of federal sentencing practices and revising amendments to the Guidelines if problems arose for congressional approval. In 1990, Congress directed the Commission to respond to a series of questions raised in regards to the Guidelines, the effects of mandatory minimums and options and options for Congress to exercise its legislative power in statutory directive and organization (1991 U.S.S.C. Report). The 1991 report was a “preliminary assessment of short-tem effects” of the Guidelines on federal sentencing practice (1991 U.S.S.C. Report). The report conducted empirical research study requested by Congress to “assess the effect of mandatory minimum sentencing provisions on the eliminating unwarranted sentencing disparity as well as description of the interaction between mandatory minimum sentencing provisions and plea agreements” (1991 U.S.S.C. Report).

the implementation of the Coroners and Justice Act 2009, and the introduction of the Sentencing Council as the single statutory body in charge of issuing guidelines on sentencing. As a result, courts are now required by statute to follow any relevant sentencing guidelines relevant to the offenders case unless they are satisfied that it would be contrary to the interests of justice to do so. The Sentencing Council is in the process of producing sentencing guidelines for a range of offences with the intention of targeting recidivism and creating greater consistency in sentencing while still allowing for a degree of discretion (amongst other aims), but for the purpose of this essay we will examine only the Definitive

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

Be sure to address the four types of sentencing models and the issues surrounding them (equity, truth-in-sentencing and proportionality).

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.

One aspect of rehabilitation is the use of individualised sentences - penalties aimed at the individual needs of the offender. This is in direct contrast to the concept of set sentences seen in the aim of retribution. One of the criticisms of this approach is, therefore, that it leads to inconsistency in sentencing. Incapacitation means that in some way the offender is made incapable of re-offending.

One of the oldest justifications for punishment involves the principles of retribution. Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a cri-me, i.e. duress. It can be sometimes be viewed as a