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Advantages and disadvantages of sentencing
Pros and cons of sentencing alternatives
Pros and cons of sentencing alternatives
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Sentencing is the punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge's verdict if there was no jury) within the possible punishments set by state law (or Federal law in convictions for a Federal crime).The primary goals of sentencing are punishment, deterrence incapacitation and rehabilitation. Juries maybe entitled to pronounce sentences but in most circumstances sentencing is performed by the judge.
The Criminal Justice System makes provisions for sentences other than a term of imprisonment to be given to offenders who have attained age 17 years but are under the age of 23 years and have not been convicted for any offence.
Ø The Exceptions are cases where:
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Ø Violence or threat of violence has been used in the commission of the offence; or The offender at the time of commission of the offence was in illegal possession of a firearm or imitation firearm.
The alternatives are: Paying Fines, suspended sentences, suspended sentence supervision order, admonished and discharged probation order and community services orders.
Types of sentences- Absolute or conditional discharge, probation, fine, restitution, jail and conditional sentences and prohibitions.
1. Absolute and conditional discharges- A discharge means you have been found guilty, but instead of entering a formal conviction against you, the judge discharges you. The effect of a discharge is that you have been found guilty, but you will not have a criminal record, as a criminal record is a record of convictions. If you get an absolute discharge, you do not have to serve any sentence – you are immediately discharged. Absolute discharges are not common. If you get a conditional discharge, the judge will make a probation order with probation conditions that you must
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Suspended sentence and probation- A judge may impose conditions for you to follow for a specified period of time. The conditions will be in a probation order. A probation order can last for up to three
When an offender is sentenced to imprisonment, post sentencing considerations must be made based on an evaluation of the individual and this will determine the manner in which the prison sentence is served. Post sentencing considerations include security classifications, parole and continued detention orders. These offer different levels of incapacity, accessibility of rehabilitation programs and incentives for good behaviour, and are implicated in order to achieve justice through upholding the rights of the victim, the offender and the wider community.
Advantages and Disadvantages of Noncustodial Sentences Non-Custodial Sentences A non custodial order is a sentence given to an offender who has committed a less serious crime. The offender is given community orders rather than imprisonment. If the offender breaks any of the below orders then they will be re-sentenced and this is likely to result in them being given a heavier order or even a prison sentence. The types of non custodial orders available are; * Community rehabilitation order (previously called 'probation order' and unhelpfully changed to this inferior new name) * Community punishment order (previously called 'community service order' - ambiguous but at least not absurd) * Community Punishment and Rehabilitation Order (previously the obtuse
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.
One of those many changes was the separation of conventional rehabilitative methods to accepting new intermediate sanctions. “The rationale for intermediate punishments was based, in part, on the assumption that a wider range of sentencing options would allow judges to better match the punishments they issued to the seriousness of the offences committed” (Petersen and Palumbo, 1997). Intermediate sanctions are alternate punishments which fall between regular probation and incarceration. This can include community based treatment programs, in-patient drug treatment programs, house arrest, electronic monitoring, boot camps, and intense supervision. Some of the offenders may be required to attend therapy sessions whether that be family therapy, drug and alcohol therapy, or cognitive behavioral therapy. Other recommendations/ likely requirements would be parenting classes, mentoring programs, and interpersonal skill
Community correction is a term that refers to everything ranging from diversion before the trial to the punishment that follows after the trial. This refers to any way ranging to non-inmates yet supervised ways used to deal with criminal offenders who are facing conviction or who have been convicted. Beck et al., 2001. Probation as well as parole are the two most common ways of dealing with the offenders, though there are many ways such as being confined at home, electronic surveillance, day fines, community service shock probation and residential community supervision to mention but a few. The following are some of the intermediate sanction actions in the criminal corrections.
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).
Split Sentences: They are a combination of short jail time and then community probation, meaning that
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
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 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. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
Probation is when the sentence of being in prison is adjourned, and there is a period where the offender is place under supervision of a correctional officer.Probation also releases the person back into the community, but has less freedom then a regular citizen. Because it comes with conditions that the person must meet, for example: see their probation officer, and have good behavior, if they do not meet these conditions they violate probation, and their probation may be revoke or amended(Phillips,2014).
Sentencing, If Joe is found guilty, the sentencing hearing is where the judge determines and imposes the appropriate punishment. Joe may be sentenced a term in state prison or if otherwise probation. Different crimes carry different possible penalties. Joe also entitled to a sentencing hearing to propose why you believe the judge should give you the lowest possible penalty.
Sentencing is the imposition of a criminal sanction by a sentencing authority , such as a judge. Schmallger & Smykla, 2009, pg# 71) There are seven goals of sentencing including revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration. Revenge refers to a retaliation to some kind of assault and injury. Revenge can be a type of punishment for the criminal justice system. The jury, sometimes, basis there choices on emotions, facts and evidence. It is considered revenge in some cases because the victim's looks at it that way when they feel justice has been served. Retribution is a type of sentencing involving another form of retaliation. Retribution means "paying back" the offender for what he or she has done. ( Schmalleger & Smykla, 2009, pg# 73) The victim is not alone when it comes to being affected by the crime. Society is strongly affected by what a criminal does in whichever area he or she chooses. Retribution, in a good sense, would be if a coworker does her best as her job and her boss gave her a raise. This would be considered paying her back for her good deeds. As far as the criminal's heinous acts, retribution would more than likely be community service in the town were the crimes occurred. This form of sentencing gives a sort of relief to society
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).
penalty punishes them not for what they may or may not do in the future but what