...Punishment and Sentencing Philosophies Punishment and Sentencing Philosophies Chandra Walker Axia Online-UOP Abstract In this paper we will discuss the various punishment and sentencing philosophies that are used within the criminal justice system. The process that is used to apply justice is determined for the most part by punishment philosophies. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Rehabilitation is a philosophy that predominantly rues the juvenile justice court system, but do not carry as much weight and is widely scrutinized within the adult courts sector. Rehabilitation may be scrutinized in the juvenile justice court system when the criminal behavior of the juvenile continues to escalate, but when rehabilitation is successful then it can be both beneficial for the criminal and society. When the appeals process is exercised it provides the fair practice of law, ensures those at trial the rights of due process, and gives clarity and provides full understanding of justice and the law. Punishment and Sentencing Philosophies In any nation that strives for great democracy, the major concern is the guaranteed universality of justice. For the US this is an ongoing process that is pursued largely in the court systems on an ongoing basis. Many criminalists state that if it the general basis for an action to constitute a crime really...
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...Punishment Versus Rehabilitation Isabel Nevarez University of Phoenix AJS/504 Nicholas Russo August 17, 2015 This paper, I will discuss the issues of punishment versus rehabilitation. I will point out issues on how punishment and rehabilitation affects deterrence of crime, how it affects victims and their family. I will also discuss how it affects offenders, the impact it has on society, and the fiscal impact upon society. Punishment and rehabilitation helps the inmate in different ways. This will show both pros and cons to punishment and rehabilitation. Punishment versus Rehabilitation The criminal justice system uses two objectives, these are punishment and rehabilitation. Society looks at these two with high prospects but the question is will the justice system live up to these expectation? The justice system and the community have beliefs on punishment and rehabilitation and how they should or should not work. Each one of these objectives will be addressed. Deterrence of Crime Deterrence theory comes down to if an offender commits a crime the benefit should outweigh the crime itself, if not, the offender will think twice before committing another crime. The deterrence theory does not explain criminal behavior. To prevent crime from happening again the criminal justice system use punishment, but the punishment should outweigh the potential crime. Crime has been a part of society for centuries. The most common form of punishment for the offender is to be put...
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...Rehabilitation Versus Punishment Tyler Ross Macomb Community College In this essay, I will go over the issues of punishment versus rehabilitation for convicted offenders. The issues I will point out will be how punishment and rehabilitation affects deterrence of crime, how it impacts the victims and their families, and the financial impact upon society. This debate will show both pros and cons to punishment and rehabilitation. The criminal justice system and the public have opinions on how each should work and not work. I will go over each side of the issue when it should be time to punish or rehabilitate. The Deterrence theory is if one commits a crime the punishment should outweigh the crime. To prevent crime from occurring the law will show through punishment. The punishment should outweigh the crime. If you put the fear of punishment into the criminal, then he will think twice about committing the crime. Crime has been part of society for a long time, and the usual punishment is to incarcerate. Even though incarceration is a temporary fix for the felon, research shows “recidivism amongst convicted felons following release from prison is as high as 63%” and most of the inmates had arrest records and convictions prior to the incarceration of their current offense “ (Carson & Mulako-Wangota, 1989). Others argue rehabilitation is a deterrence to crime. Rehabilitation has long-term effect on offenders since it would prevent future crime from happening. Also rehabilitation...
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...Punishment versus Rehabilitation AJS/502 March 17, 2012 Punishment versus Rehabilitation For centuries the criminal justice system has struggled with punishment versus rehabilitation. Rehabilitation is the belief in curing a criminal of his or her criminal tendencies. By curing the criminal of his or her tendencies, he or she will one day be cast out back into society and be a contributing member. The idea behind punishment is to deter society while giving the offender his or her just deserts. The criminal justice system is a complex machine that society has designed to rehabilitate the offender while punishing the offender. The question still remains, is punishment or rehabilitation more important, depending on the person will depend on the answer. Deterrence of Crime Deterrence is one primary objective of criminal law. The goal is to discourage members of society from committing criminal acts out of fear of punishment (Farlex, 2008). Facing the criminal justice system can be a powerful deterrent. If an individual breaks a law he or she will be apprehended, convicted, and punished (Farlex, 2008). Many researchers have begun to look at personal choice. “An understanding of personal choice is commonly based in a conception of rationality or rational choice” (Keel, 2005, para 1). Cesare Beccaria and Jeremy Bentham are early classical theorists who analyzed human behavior concepts. “The central points of this theory are: (1) The human being is a rational...
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...Punishment verses Rehabilitation Kevin Atkinson University of Phoenix AJS/502 Steven Cook March 30, 2015 The purpose of this paper is to compare the effectiveness of punishment compared to the effectiveness of rehabilitation, as well as their effects on the victims, offenders, social society and fiscal society. The criminal justice system actually has four objectives. Two of them are punishment and rehabilitation. These are the two objectives that society has the highest expectations of and the greatest interest in. Both the criminal justice system and the public each have their own opinions on how each of the objectives will or will not work. These two objectives are normally paired together, however no system relies on incarceration for a short time and then rehabilitation for a lengthy period of time. Both punishment and rehabilitation are primary focuses among correctional facilities, it is up to the facility which it chooses to put as its primary. The most common form of punishment is incarceration. Their primary goal is deterrence of crime. Deterrence can be categorized into three areas; special, specific and general deterrence. Rehabilitation has been proven...
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...The Punishment Philosophy Clay Stake CJS/220 January 15, 2012 Tony Sanders The Punishment Philosophy After the conviction process has ended, the sentencing phase has five punishment philosophies the courts can impose. Deterrence, incapacitation, rehabilitation, retribution, and restoration are all punishment philosophies that have the same goal to prevent crime. Judges impose sentences that fit the crime, but must be reasonable to the public and not violate the United States Constitution. Judges may also decide to impose sanctions like fines, probation, home confinement, or even the death penalty. Sentencing and sanctions can be used to rehabilitate criminals, deter crime, or even plea bargains. No matter what the philosophy or the sanction of the sentence, the result is that past behavior can be used to predict future behavior. The five punishment philosophies start with deterrence. Deterrence is a known penalty for crimes committed. For example, the three strikes law was imposed to deter criminals from committing crimes or face extended incarceration. Deterrence was designed to have certainty of a punishment, celerity or swiftness of that punishment, and the severity of the punishment. This philosophy is assuming that all people will consider the consequences of his or her actions before they act. This also means that people will learn from the punishment of the innocent. Incapacitation is the removal of criminals from society. Prisons are the most common...
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...Justice System Position Paper Amber Spencer CJS240 August 19, 2012 John Beazoglou Justice System Position Paper Schools are filled with gangs, violence, weapons and drugs. The illegal opportunities are surrounding the children of today. Some children grown up in very attentive homes where their parents are involved with their schooling, friends and activities and then we have those parents who are less attentive and preoccupied with their own needs and wants. There has been some question to weather the juvenile system should focus on rehabilitation or punishment, my stand is that they should most defiantly focus on rehabilitation more so than punishment. I have come to find though our learning’s and discussions that not all delinquent children choose to do so for the want of being “bad” or defiant but rather to feel complete, needed and wanted. We see this pattern more so in those who choose to become a member or a gang. I feel that when this is the case they should not be punished but rather redirected, counseled, and educated on why they are choosing a life of crime for their future rather than choosing to be a full functioning member and assent to the community. Each child is different just as their choices and reasoning’s are and should be rehabilitated according to their needs so that they can become our positive future rather than our future inmates. When rehabilitation is used it corrects the reason of why someone is choosing to be delinquent, and this...
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...Punishment versus Rehabilitation Paper Punishment versus Rehabilitation Paper Punishment versus Rehabilitation The criminal justice system has four objectives. They are deterrence, punishment, incapacitation, and rehabilitation. Of these four deterrence, punishment, and incapacitation typically work together. Anytime a person commits a crime, punishment and rehabilitation are needed to address the problem swiftly and effectually. (Punishment vs. Rehabilitation: A Proposal for Revising Sentencing Practices, 1991). When the offender moves from prison to a step-down unit as they get closer to his or her release, they tend to have other issues other than drug and alcohol rehabilitation, and this is what causes recidivism. Research has shown that many prisoners in super maximum units experience extremely high levels of anxiety and other negative emotion. When released, often without any "decompression" period in lower security facilities, they have few of the social or occupational skills necessary to succeed in the outside world (Rehabilitate or Punish, 2003). Craig Haney, Ph.D. states, "This is what prison systems do under the emergency circumstance, they move to punitive social control mechanisms. But it's a very short-term solution, and one that may do more long-term damage both to the system and to the individuals than it solves (Rehabilitate or Punish, 2003)." Throughout this paper, I will be a discussing the strengths of punishment, and how it deters the offenders...
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...Juvenile Rehabilitation Shelly Stanko CJS/240 February 26, 2012 Farrell Binder Juvenile Rehabilitation In the previous few decades, the United States justice policy has become more punitive. In particular, in the 1990s legislatures all over the county passed laws under which an increasing number of young people can be charged in criminal courts and incarcerated in adult prisons. Certainly, in nearly every state today, youths between 13 and 14 can be prosecuted and penalized as adults for an array of crimes including non-violent offenses (Kristin, 2009). Punishments have become more severe even in the juvenile system. Generally, it is believed that the rising anxiety among citizens concerning the threat of juvenile crime has propelled this tendency and that members of the public favor this legislative tendency toward severe punishment. However, it is unclear whether this opinion about the right solutions to youth crime is precise. On the other hand, different surveys have found the public favors tougher policies regarding youth crime and punishing juveniles as severely as adults. However, a thorough review of sources of information about public views indicates that the perception that the public favors punishment for youths is largely based on either opinion surveys that pose few simplistic questions or publicized crimes like school shootings. It is possible that analysis of public views...
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...Justice System Position Paper CJS/240 July 15, 2012 Justice System Position Paper As adults, one of the best gifts we could ever receive is having a child. From conception, all parents want their children to be born healthy and with all their fingers and toes. As they grow older, we pry that everything we teach them is utilized to help them to become productive citizens. The last thing parents want is for their children to become juvenile delinquents. There is a saying that goes, “it takes a village to raise child”, which may be true, yet nobody wants to acknowledge or accept the fact their children is a delinquent, and do they want advice on ways to steer their child (ren) back on the right path of productiveness. Instead of feeling like we are failures and try to ignore our children’s behavior, parents should continue to show their children love by working hard to get them the help they need that would deter them from their criminal behaviors and activities. When dealing with juvenile delinquents, the first place we look for help is the juvenile justice system. I feel that too many parents and citizens look to the juvenile justice system for help correcting the behaviors of delinquent juveniles. Because so many people are depending on the juvenile justice system, they should take all necessary measures to aid juvenile delinquents on their return back to society as successful adults. For this reason, I strongly believe the juvenile justice system should focus...
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...of why it happened, but there are also thoughts of justice. When these crimes are committed the offenders will be labeled to fall in one of the three types of punishment, which are retribution, deterrence, rehabilitation,. Deterrence is a justification for punishment, which is to discourage criminals through the use of punishment. People have a choice whether or not to do a crime. Deterrence can be looked at as setting an example to future criminals. The justice system looks to discourage other criminals from continuing an illegal path. Although, today within society and the way the economy is deterrence is does not always work. Within the criminals mind they feel confident they will not get caught. Rehabilitation is another type of punishment. Rehabilitation is a program to reform the offender in order to prevent him or her from later offenses. This type of punishment is less harsh than retribution and deterrence. This is designed to help the criminal to conform and change their lives. With the crime rate so high correctional facilities are full and quickly becoming economically unsustainable and several jurisdictions are returning to rehabilitation as a more effective choice for managing offenders The last philosophy of punishment is restoration; in this philosophy “the main concern is about restoration of the victim and victimized community than with ever more costly punishment of the offender. Under restorative justice the emphasis is placed on the restoration of losses...
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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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...Punishment vs Rehabilitation Alana Plummer AJS/502 The way our society is set up it is expected for the criminal justice system to either punish or rehabilitate an individual that commits a crime. Punishment is a condition to refer to any change that occurs after a behavior that reduces the likelihood that that behavior will occur again in the future. Rehabilitation is a treatment and training to an offender so that he or she is made capable of returning to society. There are differences between the effectiveness of punishment compared with the effectiveness of rehabilitation of convicted offenders in prison and under community supervision. Punishment and rehabilitation both are effective with the deterrence of crime, effects on victims and offenders, society and the fiscal effect on society. Deterrence Deterrence is the act of preventing a particular act or behavior from happening. In the criminal justice system deterrence is used to prevent an individual from committing a future crime. Punishment can be an effective deterrence when an individual is sent to jail. Prison is a form of punishment. Prison is a temporary solution while the offender is incarcerated. The highest form of punishment in the criminal justice system is capital punishment. The death penalty is used to deter people from committing crimes. Capital punishment is defined as a form of putting one to death because of a crime a person has committed. The seriousness of the crime determines the punishment...
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...Criminal Justice Paper Abstract When thinking of correction one may think of the impact that the correctional system has in law enforcement. Well the impact is heavy and the outcome is heavier then most may expect. Corrections go way back to the early 2000 B.C. time. This paper will address the past, current and future trends of how punishment is applied to the correctional system. Also address within this paper will be the impact that the correctional system has on law enforcement and the courts. History of punishment The history of the correctional system started in the early 2000 B.C to about 1800 A.D. This time frame was the introduction of the ancient Babylonian and Sumerian presented the first American Penitentiary. The early correctional system presented many different philosophies and practices of corrections. There were two that became very popular and still are till today. Lex Salica is he vigilante, a person whom decided to take the law and justice into his or her one hands. The vigilante is the person whom seeks revenge and retaliation upon the wrongdoing or upon his or her family. When the introduction of Lex talionis was presented it was like everyone became vigilante. Lex talionis was known for mean “an eye for and eye or a tooth for a tooth, this from of justice was when the government decide to take control and own the crimes committed. The governments become the only organization to deliver justice for the family and victim of criminal acts. In the beginning...
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...Punishment versus Rehabilitation Paper Punishment versus Rehabilitation Paper Punishment versus Rehabilitation The criminal justice system has four objectives. They are deterrence, punishment, incapacitation, and rehabilitation. Of these four deterrence, punishment, and incapacitation typically work together. Anytime a person commits a crime, punishment and rehabilitation are needed to address the problem swiftly and effectually. (Punishment vs. Rehabilitation: A Proposal for Revising Sentencing Practices, 1991). When the offender moves from prison to a step-down unit as they get closer to his or her release, they tend to have other issues other than drug and alcohol rehabilitation, and this is what causes recidivism. Research has shown that many prisoners in super maximum units experience extremely high levels of anxiety and other negative emotion. When released, often without any "decompression" period in lower security facilities, they have few of the social or occupational skills necessary to succeed in the outside world (Rehabilitate or Punish, 2003). Craig Haney, Ph.D. states, "This is what prison systems do under the emergency circumstance, they move to punitive social control mechanisms. But it's a very short-term solution, and one that may do more long-term damage both to the system and to the individuals than it solves (Rehabilitate or Punish, 2003)." Throughout this paper, I will be a discussing the strengths of punishment, and how it deters the offenders...
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