Crime and Criminal Justice Process

Topics: Crime, Criminal justice, Criminal law Pages: 4 (1370 words) Published: October 6, 2013


Sentencing Paper

Abstract

The population in the United States prisons is currently soaring. Many argue that the quality of life in prison is more likely to have a greater impact on the prisoners and criminal behavior than the death penalty. Deciding methods of fixing bad behavior has been a discussion since the beginning of time. There are two types of correctional methods that are often used, punishment and rehabilitation. “Punishment is defined as a penalty that is imposed on an individual for doing something wrong. The term rehabilitation is defined as a way to help somebody to return to good health or a normal life by providing training or therapy,”(ALER 2002) In the following the paper I will discuss the four philosophical reasons for sentencing criminals, and go over the six forms of punishment. This paper also goes over the relationship between punishments and sentencing in today’s courts and discusses a few recommendations for how to modify the sentencing process to reduce recidivism rates.

Sentencing Paper
Many question, if the punishment model really deter prisoners from wanting to go back to prison. Often the judge is looks at how serious the crime committed by the offender was, age, prior criminal record and other circumstances surrounding the crime before determining the sentencing or punishment through the court system. Sentencing is an important aspect in the criminal justice process. It is the punishment defendants receive when they are convicted of a crime. The punishment spectrum is wide and vast, ranging from probation to death. After carefully considering the four philosophical reasons; Retribution is the philosophy that a criminal’s punishment shall be determined on the severity of the crime he or she committed. Deterrence philosophy has two parts to it, which are the general and specific deterrence. The Deterrence philosophy is based on the fact that a criminal will realize the punishment outweighs the crime...

Cited: Am Law Econ Rev (2003) 5 (2): 318-343.
Harry Mika. "Listening to Victims - A Critique of Restorative Justice Policy and Practice in the United States." Federal Probation (June 2004).
Stravinskas, Stephanie, "Lower Crime Rates and Prisoner Recidivism" (2009).
Criminal Justice Today: An Introductory Text for the 21st Century, Eleventh Edition, by Frank Schmalleger. Published by Prentice Hall. Copyright © 2011 by Pearson Education,
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