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Classical theory of crime
The role of incarceration in reducing recidivism
Classical theory of crime
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Determinate sentencing encompasses sentencing guidelines, mandatory minimum sentence, and enhanced sentences for certain crimes. The judge will take in consideration of the person charged and the details of the crime when he determines the sentence. The system has a mandatory minimum and enhanced statute that prevents the judge on his/her discretion for the terms of a sentencing of the person. These determinate sentencing statutes were put in place since 1980 to deter crime. The laws in most states dictated what crimes received what determinate sentence. The product of the determinate sentencing was form the war on drugs. These laws where to deter drugs by being harsh and hard on people who where committing the drug crimes. Then in 1990 the "three strikes-and-you're-out" law was used for anyone who was convicted of a third felony. The law had a term of 25 years to life for anyone convicted of a third felony crime. Determinate sentencing eliminates parole boards and credit for participation in rehabilitation …show more content…
Everyone in the system has a different issue so the rehabilitation is set for each person’s needs and requirement to correct that issue for reintegration back into society. The reintegration into society depends on the actions of that person serving the indeterminate sentencing. When the parole board reviews the record the actions that person knows that an early release is based on that review. The prison system will use the process in the rehabilitation process to enforce good behavior while serving time. The entire person will know that everything in the process will be reviewed. The crime and how violent it was to the victim, everything counts, the criminal history and the prison record. The rehabilitation process to show that the person will and can be a reintegration into society without any further criminal behavior. (National Assessment of Structured Sentencing.
Rehabilitation is another objective of sentencing. Rehabilitation is different from incapacitation and deterrence in that it does not always involve getting put behind bars. An offender may receive a sentence of rehabilitation where they are released back into society to complete a community based sentence (Goff, 2014 p.296).
It was intended to punish serious or violent repeat offenders so alternatives would apply to non-violent, petty offenders. The first alternative is rather simple in that the law could allow prosecutors to consider whether a defendant’s “background, character and prospects” placed him or her outside of the “spirit” of three strikes (Bazelon, 2010). This plea for leniency has been used in appeals to prevent minor offenders from life sentences. It could also be used in cases with mitigating circumstances involving the offender such as mental retardation, child abuse, or mental illness (Bazelon, 2010). Norman Williams was a homeless drug addict in 1997 when he was sentenced to life under the law after he stole a floor jack. A few years later his case was reviewed during which it was discovered that Williams grew up with a mom who was a binge drinker who pimped him and his brothers out to men that she knew. As a result of the abuse, Williams became a cocaine addict as an adult living on the streets of Long Beach, California. This information was had not been introduced at trial but after much effort he was released in 2009 (Bazelon,
Officially known as Habitual offender laws; “Three Strikes” laws have become common place in 29 states(Chern) within the United States and the Federal Court system; these laws have been designed to counter criminal recidivism by incapacitation through the prison system. The idea behind the laws were to maximize the criminal justice systems deterrent and selective incapacitation effect, under this deterrence theory individuals would be dissuaded from committing criminal activity by the threat of state imposed incarceration. Californians voted in the “three strikes” law (proposition 184) on March 7 1994 by a 72% vote with the intention of reducing crime by targeting serious repeat offenders with long term incarceration thereby eliminating the ability to commit another offense.
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
Determinate sentencing is becoming more popular in juvenile courts. It is a special statute that allows for the possibility of a juvenile serving a sentence beyond the age of 21. It specifically covers certain violent offenses and drug cases, like murder, capital murder, sexual assault, and indecency with a child. Aggravated controlled substances cases are also covered (TYC website). The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011).
The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws, regardless of their individual case analysis. These laws began in the 1980s, when the use of illegal drugs was hitting an all time high (Conyers 379). The United States began enacting legislature that called for minimum sentencing in an effort to combat this “war on drugs.” Many of these laws give long sentences to first time offenders (Conyers). The “three strikes” law states that people convicted of drug crimes on three separate occasions can face life in prison. These laws were passed for political gain, as the American public was swept into the belief that the laws would do nothing other than help end the rampant drug crimes in the country. The laws are still in effect today, and have not succeeded to discourage people from using drugs. Almost fifty percent...
Starting in 1993, over half the states and the federal government enacted some form of “three strike and you’re out” legislation, also sometimes called the “habitual offender law” (Marion and Oliver, p.350). 2012). The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' The state of Washington was the first to implement the three strike law; the state of California soon followed with a broader version of the law. The three strike law made mandatory that those offenders who have been convicted three times for serious crimes be sentenced to life in prison. Even though adopted versions of the law vary among states, some states reduce judicial discretion while some states allow some judicial discretion. For example, the state of California requires twenty-five years to life in prison for any individual who has been convicted of any felony following two prior convictions for serious crimes.
The three strikes law is a legal system that many states have adapted that specifies if one commits three felonies, then they automatically receive a life sentence (Cite 19). While they vary from state to state, currently 28 states have the three strike laws in place. The problem is, the three felonies do not have to be violent. For instance, someone who may have stolen a felony amount of goods, forged government paperwork, and got caught with a large amount of drugs could be facing life in prison for their three separate felonies (“Three Strikes”).
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing.
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
This objective rests on the assumption that there was some factor going into why the crime was committed in the first place, and that that factor can be either fixed or eliminated. There are many different approaches to rehabilitation including therapy, education, or some combination of the two. Generally the rehabilitation process begins with addressing the problems which led to criminal behavior, and then helping inmates find other ways to solve those problems that do not include criminal
...ibility of a longer sentence if the trial is lost. In contrast, the indeterminate sentencing reduces prison population but created more case loads for the community corrections. When the inmate is paroled early for good behavior, he or she is placed on parole. While on parole the community corrections must ensure that these individuals are not violating parole. Some ways to monitor the individuals behavior is through electronic monitoring (if on house arrest), alcohol and drug tests, home visits and reporting centers. The more people released early, the bigger the case load (Nieto, 1996).
The correctional system is not a perfect system as it does not address the key issues that cause offenders to continue to be imprisoned after only one year of release. The system has been evolving from a punishment base system from the 1970s to a complex system designed to beyond the punishment to deal with the rehabilitation of the criminal mind. This allows the individual offender to recognize their faults, receive treatment and be released from the correctional system as a productive member lacking terminal deviant behavior.
One sentence that is handed down is the indeterminate sentence. This sentence permits early release from a correctional institution after the offender has served a required minimum portion of his or her sentence ("Indeterminate vs Determinate Prison Sentences Explained | Criminal Law", n.d.). This may be a good type of sentence for someone that may be a first time offender or maybe one that the judge may feel has a good chance at being rehabilitated. One problem with...