Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Different aims of sentencing
Different aims of sentencing
Papers on diversion programs
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
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...
... middle of paper ...
...ieved from http://definitions.uslegal.com/f/flat-time%20/
Gardner, T. J., & Anderson, T. M. (2012). Criminal Law (11th ed.).
Hanser, R. D. (2010). Community corrections. Los Angeles: Sage.
Indeterminate Sentencing. (n.d.). Retrieved from http://trial.laws.com/sentence/types-of-sentences/indeterminate-sentencing
Indeterminate vs Determinate Prison Sentences Explained | Criminal Law. (n.d.). Retrieved from http://www.criminaldefenselawyer.com/determinate-sentences.cfm
Siegel, L. J., & Bartollas, C. (2011). Corrections today (2nd ed.). Belmont, CA: Wadsworth, Cengage Learning.
Siegel, & Worrall (2013). Essentials of Criminal Justice (8th ed.).
Thomas, J. (1997, January). Mandatory sentencing. Retrieved from https://www.ncjrs.gov/pdffiles/161839.pdf
Types of Sentences - FindLaw. (n.d.). Retrieved from http://criminal.findlaw.com/criminal-procedure/types-of-sentences.html
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
As an alternative to incarceration, intermediate sanctions are most often used for non-violent offenders. Intermediate sanctions is a new option of punishment that was developed to better match the punishment with the seriousness of the crime for non-violent offenders. With this new kind of punishment, comes a new responsibility for the offender to become a contributing member of his or her community (textbook, 131). The main way that offenders accomplish this is by learning new job skills and holding a stable job (textbook, 131). Along with the job responsibilities, offenders are sometimes ordered to face additional sanctions which includes, paying any fines, getting an education or even getting treatment if needed (textbook, 131).
Schmalleger, Frank, Criminal Justice A Brief Introduction, Upper Saddle River, NJ, Pearson Education Inc. , 2010, Page 387
Intermediate sanctions are a new punishment option developed to fill the gap between traditional probation and traditional jail or prison sentences and to better match the severity of punishment to the seriousness of the crime. Intermediate sanctions served in the community now account for 15 percent of adjudicated juvenile cases (Puzzanchera, Adams, and Sickmund, 2011). All intermediate sanctions are enforced by the United States Criminal Justice System. The main purposes of intermediate sanctions: (1) better match the severity of punishment to the seriousness of the crime, (2) reduce institutional crowding, (3) control correctional costs. Primarily, this is a needed method of punishment to make offenders accountable for the extent of crime and if so let offenders live in their communities to fulfil punishment if not too extensive.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
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 aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
The death penalty debate in the U.S. is dominated by the fraudulent voice of the anti-death penalty movement. The culture of lies and deceit so dominates that movement that many of the falsehoods are now wrongly accepted as fact, by both advocates and opponents of capital punishment. The following report presents the true facts of the death penalty in America. If you are even casually aware of this public debate, you will note that every category contradicts the well-worn frauds presented by the anti-death penalty movement. The anti-death penalty movement specializes in the abolition of truth.
Nieto, M. (1996). Community corrections punishments: An alternative to incarceration for non-violent offenders. Retrieved March 13, 2011, from http://www.library.ca.gov/crb/96/08/
When it comes to determinate and indeterminate sentencing, the judge is the person who decides what model will be implemented. Determinate sentences were most commonly used in the beginning of our nation’s history. A determinate sentence is a fixed length sentence. A “tough on crime” system (Portman, n.d.). Indeterminate sentencing is more commonly used today and first appeared in the late nineteenth century. Indeterminate sentencing focused on rehabilitation of the offender.
The correctional system punishes offenders by sentencing them to serve time in jail or prison. Others forms of punishment include being sentenced to probation, community service, and/or restitution. Jail is a locally operated short-term confinement facilities originally built to hold suspects following arrest and pending trial (Schmalleger, 2009). A prison is state or ...
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.