Analyzing the integral role sentencing plays in the criminal justice process and its effects on society - Essay Example

The purpose of sentencing is enclosed in a wide array of basic philosophies. Some people believe in the old adage “you do the crime, you do the time.” Others believe that sentencing the offender will prove society’s attitude on justice. However, the basic principles surrounding the role of sentencing are rehabilitation, deterrence, retribution, and incapacitation. Rehabilitation is a way wherein a convicted person is given another chance to start anew after being assessed and educated. He or she is allowed the possibility of going back to society with hopes that the person can live by the laws and start life all over.

All of society believes in rehabilitation as one principle of sentencing. Belief of deterrence is another principle of sentencing. It is believed that society can prevent people from committing crimes more than once if a standard for sentencing different crimes is created. Retribution, on the other hand, is a principle that assumes that convicted individuals should be given the warranted punishment because they deliberately committed similar crimes repeatedly. On a personal note, retribution is a way of getting even with the criminal.

Lastly, incapacitation is a principle based on the belief that isolating a criminal from society will help bring about reformation. Every particular sentencing is limited by the beliefs and influence of the society regarding the principles behind the sentencing standards. For any sentencing judge, forming a sentencing verdict could be the hardest and most complex duty, since the judge is responsible for Criminal Justice 3 delivering the minimum up to the maximum sentence. In criminal proceedings, defendants who arrive at the sentencing part are those who have not yet escaped or finished the correctional filter.

Either the jury or bench trial found them guilty, or they have pleaded guilty of a crime. The court then decides what to do with these offenders. Factors of sentencing that determines the appropriate sentence for every crime have all undergone careful scrutiny. State level legislatures compile penal codes within the standards set by the legislation of the United States. These legislatures allow the creation of punitive limitations by enacting that all crimes are taken into consideration. Sentencing judges utilize the state laws in creating verdicts for every criminal offense.

A sentencing judge has a set of guiding principles within the confines of his or her jurisdiction in handing down sentences on a case-to-case basis. Any sentence delivered by the sentencing judge should be within the standard punishments for the particular crime. Additionally, there is a limiting factor which sets the flexibility of a judge’s sentencing terms. This limiting factor is called determinate. Determinate is the workings of legislation where a standard is set by the body of government regarding bargaining.

For instance, capital punishment involves only either life sentence or death sentence. The process of sentencing involves three stages, namely legislation, judicial, and administrative phases. Determining the minimum and maximum disciplinary sentences for crimes is done during the legislation stage. Reviewing and providing a final verdict within the set standards of the law are done during the judicial stage. Finally, overseeing the length of time the offender serves time is done during the administrative stage.

Criminal Justice 4 In the United