Sentencing Explanations

Probation it a sentence handed down by a judge that gives an offender freedom based on terms that are set by a judge (Schmalleger). These set roles the offender may face are things such as random drug testing and some form of rehabilitation. This gives offenders a second chance to rehabilitate them self and fallow the law.

Some of the conditions may be a requirement for employment, school, or community service hours. These conditions must be met to satisfy the sanction, if they are not met the offender would be in violation and sent to jail or prison.

Incapacitation makes the offender incapable of committing further crimes due to their potential to further harm the community and as means of recognising the harm done to victims/the community. It includes license cancellation, home detention and terms of imprisonment. Judges will consider which one or more of these purposes of punishment are applicable to the case they are taking on and will impose a sentence based on which seems the most suitable to the nature of the offence.

Imprisonment as a last resort; that is the usual punishment should be a fine or community service, since imprisonment normally has detrimental effects;

A. Death penalty is the sentence of death for a person convicted of a capital offence, is currently used in 58 countries around the world, and is also legal sentence in 33 states. (Harrison, Tamony P2)

     The death penalty is the sentence of execution for murder and other capital crimes. Which are punishable by death? The death penalty is used only in 38 states

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.

Electronic monitoring and intensive supervision are among the most commonly used forms of intermediate sanctions today. Intermediate sanctions are delivered through a variety of programs such as, fines, intensive supervision, restitution, substance abuse treatment, electronic monitoring, boot camps and halfway houses. Different types of sanctions may be coupled, such as restitution with intensive supervision or substance abuse treatment, or use in sequence, such as boot camp followed by intensive supervision. Furthermore, intermediate sanctions are different from traditional forms of sentencing in the fact that they are oriented less toward rehabilitation and more toward retribution, deterrence, and incapacitation. They are more punitive and more restrictive. The recent popularity of intermediate sanctions is attributable largely to the record high levels of prison crowding that plaque many jurisdictions and a corresponding need to devise acceptable alternatives to

Sentencing in the judicial system forced a sentencing for a definite term indicating a fixed time sentencing, which gave the defendant a fixed number of years to serve (Siegel, L. 2014). For example, the sentencing could be up to 20 years for robbery or a repeat offender could serve a 15 year term or a robbery with less violations might receive as little as 5 years (Siegel, L. 2014). Determinate sentencing actually reduced imprisonment (Siegel, L. and Bartollas, C. 2014).

Both jail and prison offer some type of early released programs, in this case probation and parole will briefly be discussed. Probation is a prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crime (Seiter, 2008). Parole is similar to probation except that it is after a period of incarceration, which involved determinate and indeterminate sentencing (Seiter, 2008). The other types of prison sentencing include mandatory minimums, three-strike laws, and truth-in-sentencing (Wilson, 2001). The only difference is that a parole board allows convicts to serve the remainder of their term in society under supervision and strict limitations (Wilson, 2001). In summary both jails and prisons should strive to provide as much educational, health, and counseling opportunities as possible to reduce the likelihood of recidivism. Second, funding for the jail and prison systems will be briefly discussed.

Over the years, many theorists have been considering alternative type sanctions for offenders, because of the ever growing issue of prison overcrowding of our jails at state, local and federal level. The use of alternative type sanctions seem to be growing, and is getting a second look from many prisons, and jails as an option for some offender. Also, “in addition to relieving jail and prison overcrowding, the level of risk many offenders represent is too much for probation, but

Probation is one of the least restrictive penalties among the alternatives confronting a sentencing judge. Probation is the conditional release of an individual by the court after he has been found guilty of the crime charged. In the case of probation then, the individual has not been sentenced to prison, although he may, in fact, have

As through research one can say that a considerable amount of individuals who were sentenced for crime did not serve prison terms. Probation gives criminals a suspended or a waive through prison sentence and instead they are sent to the probation department for controlled activities in the community. Examples could include; education, work, restitution, therapy. The probation officer will have prepared a presentence investigation or presentence report. The PSI and the PSR gives a brief description of the individual’s criminal and noncriminal profile. These reports basically decide whether probation should be given or not. If probation is recommended a course of activities and restrictions for the probationer would be specified. The circumstances may be rigorous, for example; house arrest, electronic surveillance, curfews, no meetings with former friends. On the other hand, they could also be less stringent, for instance; attending school or a treatment program, not drinking spirits, and making monthly visits to the probation officer. Probation can last for the length of the suspended sentence or in cases involving young offenders, probation terms may range from a few months to two years. (Voigt, 1994 pg

A crucial part of the criminal justice system includes probation. Probation is the release of a criminal offender from detention or incarceration. At this time, the offender is subject to a period of good behavior under supervision. Probation is also referred to a kind of punishment that is giving as part of sentencing. Instead of giving an offender a longer sentence, a judge will order the defendant to report to their assigned probation officer on a regular basis, where the offender will receive a schedule instructing him or her of their probation requirements. If the defendant does not obey a probation order, the defendant will automatically return to jail or to court, only to be given a longer sentence by the judge. A person on probation is not allowed to leave the judicial district without permission of the probation officer or court (Seiter, 2011). The probationer shall report to the probation officer as directed and shall submit truthful and complete reports (Seiter, 2011). A person on probation must also follow all directions instructed by his or her probation officer truthfully. When on probation, an offender must obtain employment and needs to notify his or her probation officer of all changes of address within a three-day limit. The probationer shall also refrain from the excessive use of alcohol

Probation is the most common form of criminal sentencing in the United States. It 's defined as placing the offender under the control, supervision, and care of the probation officer as long as the probationer meets certain standards of conduct (Criminal Justice Degree Hub, n.d.).