...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 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 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 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 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 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 Paper When it comes to punishment the State and Federal government handle things not to different from each other. Sentencing in both systems are not too different from each other also. In this paper I will look at the objectives of punishments by the State and Federal systems. We will also look at how sentencing affects State and Federal correction systems. I will also look at determinate and indeterminate sentencing. The definition of punishment according to the Merriam Webster dictionary is the act of punishing, suffering, pain or loss that serves as retribution and a penalty inflicted on an offender through judicial procedure. The mission of corrections has always been to court prescribed sentences for criminals or to carry the sentence of the court. When an offender is sentenced it is usually for one or more reasons. It is either deterrence, incapacitation, rehabilitation, and or restitution. Deterrence is the goal that is focused on preventing future crimes from happening. The idea is that if criminal receive punishment it would prevent them and others they know from committing crimes. Incapacitation is when you reduce the criminal capacity or intent to commit a crime. Rehabilitation is when you release an inmate back to society with more to offer themselves and the community before they committed the crime. Restitution is when you repay your debt to society financially. This sometimes happens if damaged occurred during the crime. Sentencing affects...
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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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...Sentencing Paper Name CJS 200 11/27/2011 Sentencing Paper If you would compare the reasons and sentences of today, to the sentencing too years past, there really is not much of a comparison. Religion, morals, values, and emotions are four of the philosophical reasons for sentencing criminals. Back in history judges were expected to be harsh on people that committed crimes. Capital punishment, torture, and painful physical penalties were the verdicts to criminals. Criminals were thought to have evil within them. That is why punishment was so harsh to have the evil removed from them. In today’s courts sentencing and punishments are a lot less harsh than they were back in history. Today we have fines, probation, and imprisonment to deter criminals from committing crimes. There are many things that are different but the one punishment that is the same is capital punishment. If you took the life of someone today or back then your sentence was and still is death. Although sentencing is different criminals still do not like the consequences. There are six forms of punishment. They are fines, probation, imprisonment, restoration, alternative punishment, and death. Fines are one of the oldest forms of punishment. Fines can favor the wealthy and discriminate against the poor. Fines are the mildest form of punishment. In many cases fines are added to criminal’s sentences. Generally fines are associated with mild arrest such as traffic fines, speeding tickets, and fines for driving...
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...Criminal Justice Paper Ayana Chambers CJA 224 July 7, 2014 Tasha Hibbert In the United States justice 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...
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...changed. From day to day operations to the laws that govern the operation a lot has changed since the beginning of the prison system in the 1700s. This paper will look at the ways that the prisons have changed and look into to the future for what is to come. Crime and punishment had gone side-by-side before America was even born and the colonies were even established. One thing known is that although laws were not well established or documented in pen there were rules, regulations, common law and punishments handed down by the citizens of the community for committing acts that went against the beliefs of the colonist. Punishments would vary depending on country, state, city, or colony depending on the community’s beliefs, religion, and country of origin mainly of European descent. Punishments could range from whippings to be put to death by hanging. Other communities preferred the stocks yard over violence and leaned more toward public humiliation in were the individual who committed the offense was tarred and feathered. From here the convicted would be made to be the laughing stock of the community to see the individual who violated the town’s beliefs. Although whipping and hanging sounded harsh, they were meant to punish the individual and act as a deterrent to others who dared to follow in the convicted footsteps. Other punishments could include banishments from the town or region, the guillotine for committing murder or treason, bastinado beating the souls of the feet usually...
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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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...Sentencing Paper CJS / 200 There is a lot that goes into sentencing and punishment of offenders, including reasons, form of punishment, ways to prevent future punishment for the offenders. There are four philosophical reasons that surround the purpose of sentencing which includes retribution, deterrence, incapacitation, and rehabilitation. Along with the reasons for sentencing there are the six forms of punishment. These forms include intensive supervision to incarceration. The four philosophical reasons surrounding sentencing are retribution, deterrence, incapacitation, and rehabilitation. The first philosophical reason is retribution, which is the philosophy that a punishment will be determined on the severity of crime committed. Retribution is not the same as revenge and often the overall punishment is not satisfying to any victim(s); with that being stated the retribution philosophy goes by the Old Testament which states “an eye for an eye and a tooth for a tooth.” The deterrence philosophy is the next reason and has two parts, the general and specific. This philosophy is based on the belief that the criminals will come to the realization that the punishment outweighs the crime, therefore the criminals will be deterred from committing the crime. The first part of this philosophy is the general deterrence, or the theory that by punishing one person for a criminal act will deter other people from committing similar crimes. The specific part of the...
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...Sentencing Paper Darby Wilson CJA/234 November 7, 2014 Yolanda Johnson Once a person has either pleaded guilty or has been found guilty of a crime a judge must determine a sentence that they 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 incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system have similar and different objectives of punishment. The state and federal corrections system are affected as a system overall. There is a correlation between determinate and indeterminate sentencing when sentencing a criminal offender in the judicial process. What are the state and federal objectives of punishment? There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that...
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...Sentencing Paper Ruben Varela CJA/234 08/11/2014 Introduction In this paper I will go over the state and federal objectives of punishment. Also I will discus how does sentencing affect the state and federal corrections systems. I will define determinate and indeterminate sentencing; also give my opinion of which sentencing model do you feel is most appropriate. State and Federal Objectives of Punishment Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation. The first is deterrence; this is where people are discouraged from committing crimes. This can be broken down into two subcategories; specific and general. Specific is aimed at offender do not want to commit a crime because of the punishment received the last time they were caught. General is where someone is made an example to prevent others from doing the same thing. An example would be the over publicizing of inmates that receive death sentences. The second is retribution; this means that they punishment needs to fit the crime. A judge will not sentence someone to five years for a traffic violation and give a convicted murder just a few days. Judges need to take into account the full impact the crime had on everyone. The next objective is rehabilitation or reform. This aims at changing the behavior that caused the individual to commit their crime in the hopes that they will not commit the offence again. Some examples...
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