The Integral Role Sentencing Plays in the Criminal Justice Process

904 Words Aug 21st, 2009 4 Pages
The Integral Role Sentencing Plays In the Criminal Justice Process

There are four philosophies that are considered when it comes to the sentencing of a criminal. These philosophies are:

Retribution-

Retribution is a philosophy that a wrong doer who has freely chosen to violate society’s rules must be punished. Retribution relies on the principal of “just deserts”, this holds that the severity of the punishment hold to the severity of the crime. This philosophy is not the same as revenge because retribution is more concerned with the rules of society as a whole, rather than the individualism revenge has had on the victim or victims the offender. Most dictionaries give the meaning of retribution as “repayment”. Public speakers
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The results of this study were not encouraging. Instead of a decrease in crime after doubling the incarceration population, like expected, there was no sign of decrease at all in the crime rate. In fact, some cities showed instant spikes of incarceration and some increase in criminal activity.
Numbers and studies like these show that this philosophy of incapacitation leaves room for improvement. It could be more pro-active to approach a convicted felon’s sentencing with a pattern, such as, deterrence or rehabilitation.

Rehabilitation-

Rehabilitation is in the dictionary as the processing, usually in a quiet area, during which units recondition and become rested. Also, under correctional rehabilitation it says that this provides penal custody or probation or parole for convicted offenders.
The Classical School of Criminology (Larrabee, A.K. [2006] Punishment vs. Rehabilitation) has proposed that punishment is used to create deterrence and the Positive School of Criminology uses rehabilitation to reduce recidivism. In my opinion, more studies show that rehabilitation has a more lasting impact on an individual with the help from the community. To stay fair and acknowledge that the Classical School of Criminology has a point toward the deterrence factor, rehabilitation can be used as a deterrent as well by showing the offender how to adapt to society by gaining academic or trade skills. Rehabilitation is based on a “change in direction” theory. Rehabilitation
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