...Punishment and Sentencing Brian Krail CJA/234 11/20/2011 Punishment and Sentencing Crimes against morality and individual rights have existed since the dawn of man as well as the need to punishment those crimes. Public consciousness and sentiment have evolved over time and greatly influence the goals of modern-day punishment criminals. The legal and correctional systems tend to fall in line with this morals and concepts of their respective era. While threat of prison and punishment may be deterrence to crime, the goals of punishment and sentencing can be placed into the categories of rehabilitation, retributions and incapacitation. Through the classification of crimes and prisoners, the modern-day correctional system emphasizes a hybrid mix of these objectives based on the severity of the crime and susceptibility of the criminal. Incapacitation as a goal or strategy in punishment and sentencing is best focused on those offenders who commit crimes at very high rates. By taking a large slice of out of the life of a career criminal, the punishment has prevented, in theory, the number of crimes that individual, would have been committed if that while in society. Since the 1980’s, the United States has increasingly taken a this approach which has led to increased sentences for the majority of offenders also leading to prison overcrowding. The effectiveness of this strategy is often debated although many of not most studies conclude this strategy does provide...
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...Punishment and Sentencing Abstract In general, a juvenile cannot be tried in an adult court. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. In juvenile courts, a juvenile is entitled to Due Process Rights that include a transfer hearing before trial in adult court, notice of charges, and assistance of counsel, amongst others. However, juveniles are not entitled to a trial by jury, mandatory presence of parents during interrogation, and right against preventative detention. Punishment and Sentencing In general, a juvenile cannot be tried in an adult court. Instead, crimes committed by juveniles are handled in special juvenile courts that have limited jurisdiction, which is determine based on the offender being under the age of seventeen and above a state defined minimum age. All states have the ability to try juveniles in adult courts under certain conditions such as statutory exclusion, judicial waiver, and concurrent jurisdiction. Under statutory exclusion, juveniles that are generally older and commit crimes of a serious or violent nature can be tried as an adult. Under a judicial waiver, the juvenile court judge has the ability to send the case to an adult court. State statutes guide the juvenile court judge in determining which cases can be judicially waived. In doing so, a juvenile court judge must hold a waiver hearing to give due process protections...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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...Punishment and Sentencing A serious crime conducted by a child is sometimes a surprise to society because of the perception of innocence synonymous with children. Adults who commit crime are held to harsher punishments and less leniency as juveniles. Perhaps the reason for this is to foster a change in children and afford them the possibility of successful rehabilitation. This paper will identify the various punishment philosophies within the juvenile court and its processes. Additionally differences in philosophies between adult court and juvenile court will be discussed. Lastly the sanctions, legal factors associated with sentencing, and appeals process will also be examined. Juvenile Punishment Philosophies When juveniles are arrested, they are either labeled as being responsible for criminal conduct or considered a status offender. A child under 18 years of age is considered a juvenile. A juvenile who breaks the law other than a traffic violation, truancy, curfew violator, or runaways, their acts are considered delinquent conduct. When juvenile offenders break the law their cases will be held in juvenile court (C, Law, 2010). Each state will vary on what minimum age it will hold juveniles criminally responsible and the nature of the crime, state and federal laws will all factor into what punishment they will be subject to. Some states can prosecute ages as young as six years old, while federal agencies set their age limit at ten years old, however juveniles must be able...
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...Sentencing Paper University of Phoenix FOUNDATIONS OF THE CRIMINAL JUSTICE SYSTEM CJS/200 March 25, 2012 Sentencing Paper Sentencing is the imposition of a criminal by a judicial authority (Schmalleger pg 371). The five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. The six forms of punishments are fines, community service, probation, imprisonment, parole, and capital punishment. The relationship between sentencing and punishment in today’s courts in my opinion are carried out efficiently and effectively. The five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution is a form of taking revenge on a criminal. Retribution in the early days was an eye or an eye situation where now it can be perceived as the implementation of justice in the criminal justice system. Incapacitation, is imprisoning a criminal to reduce the odds that the criminal will commit more crimes in the future. Deterrence is the attempt to inhibit criminal activity by using the fear of punishment. Rehabilitation is the attempt to reform a criminal offender through education and psychological treatment to reduce the likelihood of future criminal activity (Schmalleger pg 375). Restoration is an attempt to make the victim whole again which in my opinion I would describe as making the victim feel secure that their perpetrator...
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...Sentencing Paper Sentencing is really important in the criminal justice system. There are many reasons for sentencing in the United States. Sentencing is the result of punishment from the court. The major reasons for punishment is retribution, deterrence, rehabilitation, compensation, and reform. The type of punishment for crimes has been debated by different leaders and law makers for centuries. The punishment for reform is intended to help the offender and society to change the wrongdoer a chance to contribute to society. The punishment for deterrence is intended to benefit society by preventing offenders that would-be from committing a crime. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are sentenced to prison because they broke the rules and would have to serve their time. There are different sentencing guidelines for state and federal prisons. When a person has either pleaded guilty or has been found guilty of a crime, a judge has to decide a sentence that the offender must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of...
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...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper Punishment has been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing...
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...Sentencing Brittany N Mann CJA/234 September 4, 2011 Barbara Carroll, PhD. Sentencing laws in the United States corrections vary, depending on the objectives set at the state and federal levels. Sentencing guidelines provide structure at the criminal sentencing stage by defining offense and offender elements that should be considered in each case to determine the correct sentence. There are four justifications for punishment in the United States; the four principal objectives of punishment are traditionally stated as retribution, deterrence, rehabilitation ,and incapacitation. There are many factors that determine what form of punishment you receive. The factors include the type of crime committed and previous criminal history. The state objectives for punishment are applied to misdemeanors, and the federal objective for punishment is only for felonies and serious misdemeanors. The principal objectives for punishment are retribution, deterrence, rehabilitation and incapacitation. Retribution is the justification punishment in which the offender is given a sentence that is vengeful, this given to make the offender suffer for the crime committed, to also make the offender morally responsible for the offender to...
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...Sentencing Paper Joan Hamm CJA 234 October 12, 2015 Dennis Holder Sentencing Paper An analysis of the state and federal objectives of punishment are the consequences or penalties for a crime(s) that have been committed. The punishment ensures that the offender is adequately punished for the offences they are being accused of. The implementation of punishment is to prevent the criminal behavior by deterring the offender from committing similar offences. Usually punishment applies to the offender per the crime that has been committed (Hamilton, 2014). If the accused is a repeat offender of federal crime then they go to a federal prison, for almost every other crime the offender goes to a state prison. A prison-- whether it be state or federal, main objectives is preventing and controlling criminal behavior and acts. There are seven usual punishments depending on the judge’s and/or the jury’s decision at trial (Hamilton, 2014). The minimum sentences like Intensive supervision such as: parole, house arrest, probation, etc., Rehabilitation such as: counseling, drug rehab, restitution, community service, fines, etc. On the contrary, more sever punishments include: capital punishment and incarceration. This type of sentencing is imposed as a criminal sanction by a judicial authority. Mandatory minimums, such as: the three strikes laws and sentencing guidelines require specific sentences. It is done with little consideration of personal factors as it pertains to offenders, their...
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...Sentencing laws in the United States corrections vary, depending on the objectives set at the state and federal levels. Sentencing guidelines provide structure at the criminal sentencing stage by defining offense and offender elements that should be considered in each case to determine the correct sentence. There are four justifications for punishment in the United States; the four principal objectives of punishment are traditionally stated as retribution, deterrence, rehabilitation, and incapacitation. There are many factors that determine what form of punishment you receive. The factors include the type of crime committed and previous criminal history. The state objectives for punishment are applied to misdemeanors, and the federal objective for punishment is only for felonies and serious misdemeanors. The principal objectives for punishment are retribution, deterrence, rehabilitation and incapacitation. Retribution is the justification punishment in which the offender is given a sentence that is vengeful, this given to make the offender suffer for the crime committed, to also make the offender morally responsible for the offender to accept responsibility for their actions. Retribution is also done to show others that the crime committed will not be tolerated. Deterrence is a justification punishment that is given with the intent of discouraging members of society from committing criminal acts out of fear of punishment. Rehabilitation is the justification punishment that is...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...plays a major part in how we live and how we continue to live among all the dangers, evil and corruption that surrounds us. Without it there wouldn`t be the fine line of right and wrong, there wouldn`t be justice. Those that are considered victims in our criminal justice would turn and become the aggressors and the criminals if we didn`t have a Legal System, and we would live in a world of chaos. Many individuals each have a role to play in our Criminal Justice System; there are the criminal and the victims who create the unfortunate events to which justice has to be served and then there are the defense attorneys and the prosecutors who do their best to upload the justice system and make sure that justice is served. What are the goals of sentencing associated? A defense attorney is a hired contractor, charged with representing individuals or entities in criminal or civil matter. People and organization facing criminal charges or being sued civilly hire a defense attorney to ensure their legal rights are properly protected and guide them through the legal counsel, is ethically and professionally required to watch over only the interest of his clients, within the boundaries of the law. He is legally and morally considered an “officer of the court,” and is required to refrain from lying or misrepresenting the facts of the case. Being charged with a crime or sued civilly is often the most distressing situation a person will face. Defense attorneys must be adept at dealing with...
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...Axia College Judicial Sentencing CJ/200 March 31, 2013 Judicial Sentencing In an attempt to control society by establishing and maintaining a set of rules, guidelines, and consequences, sentences are handed down by the judicial court system for all crimes that have been committed. Sentencing is the imposition of a criminal by a judicial authority (Schmalleger, 201). The five philosophical reasons for sentencing criminals are retribution, incapacitation, deterrence, rehabilitation, and restoration. The six forms of punishments are fines, community service, probation, imprisonment, parole, and capital punishment. The five philosophical reasons for sentencing criminals are listed as: retribution, incapacitation, deterrence, rehabilitation, and restoration. Retribution is commonly known and/or viewed as vengeance or “eye for an eye”. It is perhaps one of the earliest known forms of punishment that pre-dates before any formal justice systems were enacted (Schmalleger, 2011). Previously, this form of punishment was brought on by whoever believed they were the victim of a crime. The victim seeking retribution was judge, jury, and in some cases executioner. While this still occurs today, it is not as common as it once was due in part to our formal judicial system. Incapacitation is the act of imprisoning a criminal in order to reduce any harmful acts upon citizens or society in general (Schmalleger, 2011). This method uses confinement or prisons as a means to keep...
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...Racial Disparity in Sentencing Racial disparity in sentencing in the criminal justice system is a problematic issue. Individuals often believe that racial disparity in sentencing does not exist; however, substantial proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current racial disparity continues” (Mauer, 2004, p. 79). Four reasons of Racial Disparity The four reasons for the flourishing continuance of racial disparity in the criminal justice sentencing process are ineffective assistance of procedural bars, and council, jury selection and venue, prosecutorial discretion, and juror racism (Tabak, 1999, p. 6). Research documenting states like New York and California prosecutions have board spectrums concerning discretion seeking capital punishment; however, these four reasons apply to cases, which capital punishment is sought. “Capital punishment can be sought for intentional murders which individual may commit during the course of a felony and the intent to commit murder can be formed instantaneously before the...
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...system there are many different level of punishment depending on the type and severity of crime. Its main objective is to impose sentencing as a guideline for punishment in a criminal case. Punishment can be very severe for example the death penalty, but also can be less stringent in many criminal cases. Punishment does not essentially connote to physically punish, but could have significant ramifications in ways such as retribution. Retribution may be in the form of financial payments (restitution) and the lost of free will. Deterrence is an objective of punishment to discourage society from becoming repeated offenders. Its aim is to sentence an offender with short custodial hold in the prison system in hope that it will discourage other criminal activities. Punishments also boast the objective to rehabilitate, transform or hinder an offender. It also applies to the general criminal justice system that is considered to prevent criminals from committing more crimes. This will prove to potential criminals that the criminal justice system is severe and to society that they are safe from offenders. Punishment is also projected to recuperate offenders from their past life and prevent the criminal justice system from having continuous association with rehabilitated offenders. By reducing statistics, we can however achieve a state of reduced offenders. Punishment will assists with achieving institutional objectives by the outcome of punishment. Three strike set of laws will allow the...
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