The Goals of Sentencing in the Criminal Justice System

The tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

There are five distinct philosophies to the punishment of criminal offenders. The deterrence model is based on the belief that punishment or threat of punishment will prevent citizens, offenders or non-offenders, from committing or recommitting crimes (Fagin, 2016), 2016). A real-life example of the deterrence model would be corporal punishment. Because the children who witnessed the punishment would not want to commit the act, and the child receiving the punishment would not want to recommit their crime, it was believed to be an effective strategy in forming school children’s behavior (Fagin, 2016). The belief that criminals cannot be rehabilitated, and it would never be safe to release them back into the community falls under the incapacitation philosophy of punishment (Fagin, 2016). The most common type of incapacitation is imprisonment. When offenders are imprisoned, they are unable to commit new crimes, and will no longer pose a threat to their communities. Rehabilitation on the other hand, is the belief that criminals can be cured of their criminality, and can be released back into the community (Fagin, 2016). Counseling, educational programs, and work skill programs are all different real-world examples of the rehabilitation model (Fagin, 2016). The aim of these programs is to help offenders get better and become a productive member of society. The idea of punishing criminals because they deserve to be punished fits into the retribution philosophy of punishment (Fagin, 2016), 194). An example of this philosophy today would be

The way the criminal justice system should handle crimes has always been a debated subject. For over the last forty years, ever since the war on drugs, there are more policies made to be “tough on crime”. From then, correctional systems have grown and as people are doing more crimes, there are plenty of punishments for them. In the mid 1970’s, rehabilitation was the main concern for the criminal justice system. It was common that when someone was convicted of a crime, they would be sentenced to prison but there would also be diagnosed treatments to help them as well. Most likely, they would have committed a crime due to psychological problems. When they receive treatment in prison, they can be healed and would not go back to their wrong lifestyle they had lived before. As years have gone by, people thought that it was better to take a more punitive stance in the criminal justice system. As a result of the turnaround of this more punitive criminal justice system, the United States now has more than 2 million people in prisons or jails--the equivalent of one in every 142 U.S. residents--and another four to five million people on probation or parole. The U.S. has a higher percentage of the

Incapacitation involves imprisonment for offenders who commit crimes to prevent the possibilities of future offenses. (Schmalleger & Smykla, 2009, pg# 74) Incapacitation has reduced the crime rate considerably. Some offenders get out on bail or bond, serve the minimum of the sentence and out on parole or probation. Offenders realize that is getting more and more expensive to cover up their crime. Therefore, they are expecting to be caught. Rehabilitation or reformation is another form of sentencing. Rehabilitation is a process of treatment for offenders to get them back on track. It gets to the core of why the offender acted this way. Restoration is a process that makes the victim, offender and society go back to their original conditions. Victims will be

By the lack of rehabilitation programs in the state and federal prison systems, the chances of convicts releasing and returning back to prison increases rapidly. The lack of rehabilitation is one of the most leading causes to an offenders relapse or to a new crime that will be committed within 3 years from the offender’s release. A rehabilitation program

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

I agree that rehabilitation should be the primary goal in sentencing. Rehabilitation teaches a criminal how to interact with the community after being away for a set amount of time. Days in prison and jail can hinder the positive thoughts in one’s mind. Anger and depression can build up, and make the criminals want to act out again. The rehabilitation process can even mend burnt bridges with family and friends.

Secondly, they should be addressed the needs of offenders and the deficits in their lives that contributed to their offending. And thirdly, sentences should not be severe, intrusive, or damaging to an offender’s later decarceration to live a righteous life than is minimally necessary to achieve valid purposes of the sentence he or she receives (Tonry 508). An addition to these are proportionality, which means that sentences should correspond in severity to the seriousness of the crimes which they are inflicted. Also, regularity, which signifies that sentences should be guided by official standards to make the process clear, procedures fair, and allow judges to be more accountable (Tonry 508). Moreover, the American Criminal Code must be taken into consideration. Two features must be altered if the sentencing is to become fair, effective, and just. Firstly, the harsh sentencing laws must be revoked, and secondly the limits, that matches the offense seriousness, must be put on the lawful sentences (Tonry 514). Moreover, Tonry mentioned about future changes that, “If adopted, they would greatly reduce the number of people in prison in future years, but their adoption would not significantly reduce the scale of American imprisonment in 2015 or in 2020. Doing that will require enactment of new laws authorizing reconsideration of sentences now being served (Tonry 523).

Rehabilitation assumes criminal behavior can be improved with non-punitive methods. Rehabilitation, although non-punitive, usually occurs along side punishment. For instance an incarcerated person may be given many rehabilitative options. Mental health programming, substance abuse counseling and even education programming exist in modern day correctional facilities. A judge may sentence someone to attend rehabilitative programming as a part of probation or it may be included as a stipulation in a plea agreement. At the core of rehabilitation is the thought that a criminal is flawed, often through no fault of their own. Poverty, mental health issues, or childhood trauma may all contribute to a criminal life and rehabilitation attempts to aid in a sort of recovery. If a person is cured of their issues, perhaps they will not recidivate.

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.

While incarcerated the individual may have the opportunity to receive rehabilitation. Does it mean that the individual will be rehabilitated? One can only imagine. This is a debatable issue. Is punishment or rehabilitation more effective in combating crime?

Cullen and Gendreau (2000). give us some history on the restorative incarceration. The original theory of restorative justice was based on simple human behavior regulated by incentive instead of punishment, which instituted the concept of parole as a means of reward for a prisoner for rehabilitation. Further studies in criminology proved that this idea was too simplistic and married it to the positivist theory of criminology and instituted individual assessment and treatment for each prisoner based on their specific needs for reformation.

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).

Rehabilitation is defined as a return to a previous form. In criminal justice, rehabilitation is referred as a designed attempt to change attitudes and behaviors of inmates, concentrating on the prevention of an inmate's future criminal behaviors (Seiter, 2011). Since the creation of prisons, the focus on prisons in the United States was based