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Rehabilitation incarceration
Rehabilitation programs affecting revidivism
Rehabilitation incarceration
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As a judge dealing with a sentence for an individual that has been convicted of stealing others’ identity for monetary gain, specific information would be needed before a sentence could be imposed. The information needed would be as follows: How many people did he steal identities from? How was he or she planning to obtain money from the stolen identities? How did he or she steal the identities? Specifically, was it stolen from peoples’ garbage? Or was the identity stolen from a place that the person worked? Does the person have any prior convictions? What types of peoples’ identity were stolen? Were just elderly people targeted? What type of education does the individual have that stole from these people?
To incorporate the sentencing goals of retribution, incapacitations and deterrence all sort of tie in with each other. Giving the individual five years sentence with minimum 3 years served. Retribution would be dealt with by giving the criminal jail time well deserved. By serving time in jail, incapacitation would be incorporated. It would definitely remove the convicted person from the community. Jail time would prove to be short term deterrence for the person to commit further crime for three to five years while serving time. Depending on the person’s experience in prison, it might deter him or her from committing any future crimes.
To provide restitution for the community that was victimized the individual would be fined or sentenced to do some type of community service. The type of community service should be that of picking up trash along side the road or to cleaning a national park. This person should not do community service where he or she could be near any information of other persons. He or she does not need the opportunity to be a repeat offender.
Rehabilitation could be done through some sort of counseling.
4. Compensation is another common punishment for fraud. This is a requirement for the individual convicted of the crime to pay back the amount taken from the victim in full. The judge may allow payments to be made, or provide the criminal with a set amount of time in which they need to pay everything of compensation.
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,
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.
1. The committee submits its data this weekend, which it expects, will help its church.
For years now, incarceration has been known to be the center of the nation’s Criminal Justice Center. It’s no secret that over time, the criminal justice center began experiencing problems with facilities being overcrowded, worldwide, which ended up with them having to make alternative decisions to incarceration that prevent violence and strengthen communities. These new options went in to plan to be help better develop sentencing criminal offenders.
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
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
The sentencing process is created by some of the legislative parties, 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 requirements 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.
The goals of punishment that are most important in this case are retribution, individual deterrence and rehabilitation. Retribution would be one of the goals, since a person died through the fault of another and getting justice or vengeance could be an important factor for family and friends of the victim. Individual deterrence is an important goal for this case since the offender needs to be prevented from committing similar crimes. Lastly rehabilitation could be an important factor in order to rehabilitate the offender and make them less dangerous to other individuals for the chance of their release. The best sentence that would serve these goals is incarceration. Through incarceration of this individual some sort of retribution would be achieved and it would deter the individual from further crimes. Further depending on the programs offered the individual could move towards rehabilitation.
Retribution is what most commonly referred to as the “just deserts” model that says the punishment should match the “degree of harm a criminal has inflicted on their victims” (Stohr, Walsh, & Hemmens, 2013, p.6). In other words, what they “justly deserve”. Where minor crimes should expect a minor punishment, those who commit more severe crimes should expect to be met with just as severe of a punishment in return. An example, some believe that when someone kills someone else, that person should then, in turn, receive the death penalty (depending on the state this would also be allowed or expected by law).
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
Looking at the argument of deterrence, it doesn’t really matter if the prisoners are being held in prison for their entire life or executed in my mind. Either way, they won’t be able to commit another crime and I think both punishments are so strong that they could prevent other people from committing crimes. Considering retribution, the change in sentence is essential. In the retributivist
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.
Retribution should be taken for the violent crimes that are committed. Justice means that criminals get what they deserve. The punishment must fit the crime.
One of the worst and most prevalent crimes is identity theft. Such thefts where individuals’ Social Security and credit card numbers are stolen and used by thieves are not new. Criminals have always obtained information about other people by stealing wallets or dumpster digging. But widespread electronic sharing and databases have made the crime worse. Because financial institutions, data processing firms, and retail businesses are reluctant to reveal incidents in which their customers’ personal financial information may have been stolen, lost, or compromised, laws continue to be passed that force those notifications.