Sentencing Of The United States Criminal Justice System

First to be covered are the five goals of contemporary criminal sentencing. These goals came from the modern thinking that “emphasized the need to limit offenders’ potential for future harm by separating them from society” (Schmalleger, 2014, p. 61). They were developed to better an offender and help them to become a better citizen. These five goals are retribution, incapacitation, deterrence, rehabilitation, and restoration (Schmalleger, 2014). Retribution is one of the oldest of the five goals and “is a call for punishment based on a perceived need for vengeance” (Schmalleger, 2014, p. 261). This is the basic principal in punishing anyone who has that has done wrong. Parents use this method when grounding a child who has broken curfew and the criminal justice system uses it when handing down a sentence to a person convicted of a crime.

The criminal justice system has been proven to play a very important role in society. The criminal justice system is used to keep the citizens in check and to make sure that the laws that are made are being followed. It also is there to penalize anyone who disobeys the laws. In the criminal justice system, there are 3 main parts, law enforcement, adjudication, and corrections. Law enforcement is self-explainable. It consists of the law enforcers such as police officers and sheriffs. Adjudication is made up of people in the court house such as judges and lawyers. Corrections is made up of jailhouse matters such as prison officials. In these many components of the criminal justice system, there are all put in place to help correct people to do the right thing. There are punitive efforts and rehabilitative efforts. At time, the system may lean towards one category or more, which can be dangerous in terms of disciplinary action. The criminal justice system is more punitive than rehabilitative which makes the system ineffective.

Incarceration of offenders has been the typical and most commonly used form of sentencing in corrections. Punishment is often the first choice when an offender breaks the law, which is understandable, because criminals should be held accountable for their crimes. Corrections is a system of checks and balances that holds individuals responsible for their actions. We must ask

Myths are stories telling a part of the world view of a society or give an explanation of a practice, belief, or natural phenomenon. It is a popular viewpoint, embodying the ideals and institutions of a society or segment of society. Although myths are regarded as fictional representations, they often reveal underlying ideals. Myths often tell us more about our social and cultural values than they do about any particular circumstance. While myths seem to explain events, often times they instruct us on integrating an event an individual’s belief system and worldviews. The phrase crime myths does not stray too far from these definitions. These types of myths are usually created in nonscientific forums through the telling of sensational stories. These crime fictions often take on new meanings as they are told and retold, eventually evolving into truth for many people (Kappeler and Potter, 2005). The commonly held belief of the United States’ leniency within the criminal justice system is a crime myth, unfounded, and false.

In today’s society crimes in the United State are growing each day, and the major aspect of the U.S criminal justice system is the punishment imposed on those who committed crimes in our communities. One method of sentencing criminals was the establishment of the mandatory minimum sentencing. During the early days of the republic, specific sentences were carried out for certain crime and early mandatory sentences the forms of punishment used at the time stretched from ducking stools/cucking stools for disorderly women and dishonest tradesmen in England, Soctland to hanging for convicted murderers. However, in recent years, evidence gathered have shown that the federal mandatory minimum sentencing were not in effect for reaching the goals of the criminal justice system. Chief Justice William Rehnquist has previously stated that “these statutes are “perhaps a good example of the law of unintended consequences. This essay will discuss the history, goals, benefits, and negatives of the American Judicial Systems Mandatory Sentencing.

America holds 16.3 trillion dollars in debt and the debt will continue to increase for the next twenty years. Arizona is not far behind with the accumulating debt of 42.7 billion dollars. Arizona crimes rates has increased in the last decade and the state now has over 42,000 inmates being provided food and cells at the taxpayers’ expense. To accommodate the increase of prisoners, Arizona has the increase the spending on the prison system will ignoring methods that will cut state’s expense and the increasing crime rate. In order to ensure public safety and to replenish exhausted expanses, Arizona Legislatures should adopt a new sentencing reform that limits the cost of prisons while protecting the general

The hype around globalization and the negative impact of the social media have obscured discussion on the most immediate and pressing issues that need immediate attention in the U.S justice system. The number of incarceration in the United States beginning 1970 has swollen to all time higher (Walker et al., 2012). According to Binswanger et al. (2012), American judicial system has imprisoned 2.3 million of its populace, and these are more than any other country in the world. Davis (2007) mentioned ironically that the U.S jails a quarter of the world prisoners albeit it contains merely 5% of the global population. These statistics are mind boggling for a country that has opted to teach the world fairness, justice and equality.

In this paper will describe how the system analyzes the principal objectives of punishment within the United States correctional system. It will also describe how the state and federal systems goals of punishment. How does sentencing affect the state and federal corrections systems overall and I will explain and support my answer? Also, this paper will define determinate and indeterminate sentencing within the correctional system and which one of these systems I think is more appropriate for examples of why I believe it is an appropriate sentencing.

The lawyers of Thompson Law Office in Lexington, KY handle a number of criminal and civil cases in the community. Their team of defense attorneys is experienced in providing assistance in DUI cases, drug possession and trafficking, wrongful death cases, and even divorces. This brother/sister law firm understands how family is affected by criminal and civil law and ensures success in the courtroom with appropriate representation.

The model for criminal sentencing is a way of giving sentencing for criminal sanctions. (Schmalleger & Gmykla, 2015). There are generally 5 types of models that the guidelines are based from. Determinate sentencing based from a fixed or determined amount of time. Indeterminate sentencing where some form of administrative services decide how long and under what guidelines the sentence will be served in. Presumptive guidelines are a set guideline that sentencing must follow in order to be upheld and Voluntary/ Advisory guidelines are based on past practices. Lastly, a mandatory minimum sentence is the minimum amount of time the convicted may serve based on previous convictions for the same or similar crimes.

Crimes usually carried a maximum sentence judges were free to choose among various options like imprisonment, probation, and fines.

The overall role of sentencing in the United States is to get revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation or reformation, and restoration. From every point of view, we can look at each and one of these and dissect them to understand them further. "Revenge is an early form of punishment for someone that has committed a crime in which the sole purpose is to seek revenge for the wrong they have done, Retribution is more of a financial punishment where the victim is paid back for the wrong that has been done to them, and time lost from work and or bills acquired because of the act." Just deserts go into focusing how punishment worthy the offender is or deserving of it; deterrence is also an old western philosophy

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).

"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.

The sentencing is a penalty imposed on offenders, the purpose and goals are determining a sentencing to justifying the crime the offender committed. The purpose also serves as punishment to the defendant for what he/she has done to the victim. The court structures and sentencing in comparison is alike in many ways on how the courts handle the sentencing. The American court system deal with criminals in various levels of courts and the court system handle the sentencing the same but the outcome of the case may be may be loner depending on the seriousness of the crime committed. The American court systems all serve the same purpose when come to handling sentencing and that is getting justice for the victim. There are several sentencing goals such as: retribution, incapacitation, general and specific deterrence, rehabilitation and restoration. The all have different purpose and in the American court system. (Frank Schmalleger Criminal Justice a Brief