Nobody downloaded yet

Purposes of Criminal Sentencing - Essay Example

Comments (0) Cite this document
Summary
RUNNING HEAD: PURPOSES OF CRIMINAL SENTENCING Purposes of Criminal Sentencing School Date Purposes of Criminal Sentencing Introduction Commission of criminal acts and offenses entails penal sanctions. The general reasons for punishing a person are the following: a) the perpetrator deserves the punishment, b) the punishment will hinder him or her from committing other crimes, c) it informs the victim that society does not approve of the harm he or she has endured, d) the penalty will discourage others from committing the same act, d) it protects society from criminal elements, e) it gives a chance for the convict to amend the harm done, and f) it guarantees that members of society…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Purposes of Criminal Sentencing
Read TextPreview

Extract of sample "Purposes of Criminal Sentencing"

Download file to see previous pages Moral philosophers take into consideration the goals of punishment, the values promoted, and its purpose (Purpose of, 2004). While sociologists are concerned with “what punishment is actually intended for, and the nature of penal systems” (Hudson, 1996, as cited in Purpose of, 2004, p. 105), criminologists concentrate on the penalties for offenses and the policy measures pertinent to the punishment (Purpose of, 2004). Previous penal theories leaned more on retribution that put the moral blame on the offender without regard to future reformation of conduct of the offender (Hudson 1996, as cited in Purpose of, 2004). While punishment may be to prevent crime to some and to punish for others (Hudson, 1963, as cited in Purpose of, 2004), the court balances these factors in imposing a punishment (Purpose of, 2004). ...
Although the present system in the US has shifted to reformation of the convict, the justification for sanction based on vengeance still remains (Barnes, 1999). The incarcerated convict can also be deterred from the commission of the same act or any other crime if rehabilitated or incapacitated (Barnes, 1999). The two primary theories that dominate criminal punishment are utilitarianism and retribution (Purpose of, 2004). Utilitarianism expounds that laws should provide maximum happiness for society, and since crime and punishment are not consistent with happiness, they should be placed at the minimum level (Punishment, 2011). Thus, under this theory, the infliction of punishment is only that which can prevent commission of crimes in the future (Punishment, 2011). The traditional model in criminal theory is that of deterrence, which is considered a sub-category (Barnes, 1999) or a derivative (Purpose of, 2004) of the utilitarian theory. According to the utilitarian view, punishment is justifiable if it promotes the interest of society, and maintains social order (Rawls, 1955, as cited in Barnes, 1999). The concept of deterrence posits that apprehension and punishment of a criminal informs society that an act is punishable, and thus deters members of society from committing it (Barnes, 1999). General deterrence focuses on the total criminal behavior, as opposed to specific deterrence which targets individual criminals (Barnes, 1999). As a general deterrent, there must be an existing crime and punishment in order to deter others from committing the same (Barnes, 1999). This follows the view that a threat of being punished would deter individuals ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Purposes of Criminal Sentencing Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/environmental-studies/1423823-purposes-of-criminal-sentencing
(Purposes of Criminal Sentencing Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/environmental-studies/1423823-purposes-of-criminal-sentencing.
“Purposes of Criminal Sentencing Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/environmental-studies/1423823-purposes-of-criminal-sentencing.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Purposes of Criminal Sentencing

Sentencing

...to formulate a criminal sentence that is suitable to the individual because the guidelines inflict mathematical formulae that do not match with the human ideas. The judges instead of working mathematically go through the circumstances of the case and the individuals and then decide according to the human conditions. So, I think the judges should have more control over the sentences. The guidelines reflect political concerns while the judges are away from this. The judges should determine the sentences because they consider many factors at the same time, for example, whether the criminal is a new one or a repeat offender and whether he was just assisting...
1 Pages(250 words)Essay

Criminal Sentencing

...?Running Head: Criminal Sentencing Criminal Sentencing Inserts His/her Introduction The concept of punishment is not new in our world. When human beings organized themselves in societies it was important to maintain some sort of order in the society. In order to achieve this, laws were made and enforced so that societies can function in an efficient manner. Social order, and its enforcement, is important for the survival of any society because this is the only way through which collective interest of the society can be preserved. Preservation of collective interest also calls for punishing those who defy this social order. In this essay we will talk about criminal sentencing and its purpose in a society. The concepts of deterrence... ,...
3 Pages(750 words)Research Paper

Sentencing

...?Fundamental Philosophies of the Purpose of Sentencing There are a lot of objectives why punishment and sentencing are imposed. Societies today are experiencing a lot of issues with the criminal justice system. The increase in numbers of law-breakers is terrifying. Thus there exist a number of theories why punishment and sentencing are enforced. The following are the major purposes why punishment and sentencing are served: general and specific deterrence, incapacitation, rehabilitation, retribution, and reformation are just some of these goals (Renter, 2008). The principle behind the purpose of general...
3 Pages(750 words)Essay

Purposes of Criminal Laws

...? Theories about the origin of crime and criminals vary widely. However, no matter the genesis, society has installed specific countermeasures in attempt to prevent criminal behaviors. Three distinct countermeasures are the protection of public order, deterrence, and punishment. The first bars certain behaviors found detrimental to society as a whole. The second attempts to propel citizens from finding satisfaction through criminal behavior. The third tries to either condition the individual to stop committing crimes or rehabilitate the individual. While some might argue the ethics of the latter described measures, these three features effectively, albeit not perfectly, eliminate a large...
3 Pages(750 words)Research Paper

Sentencing

...of imprisonment, a fine or other forms of punishment against the defendant who has been convicted of crime. Consecutive sentences are usually for defendants who have been convicted for a series of multiple crimes. In this case the imprisonment will be equivalent to all the offences put together. On the other hand a concurrent sentence is whereby a defendant maybe charged with a several crimes and they will be required to serve this sentences one after the other (Griset, 1991). They will serve a certain amount of time for one criminal charge and the same will happen for the others. A concurrent sentence can be sometimes prompted by a judge’s leniency, if...
3 Pages(750 words)Assignment

Sentencing

..., reversed and remanded. Retrieved from h http://www.law.cornell.edu/supct/html/historics/USSC_CR_0477_0399_ZS.html FindLaw. (2013). United States V. Jackson. Retrieved from http://caselaw.findlaw.com/us-2nd-circuit/1414355.html Ganz, D. (2012). The American felony murder rule: purpose and effect. Retrieved from http://legalstudies.berkeley.edu/files/2012/05/Ganz-Legal-Studies-Thesis.pdf Gardner, T. J., & Anderson, T. M. (2011). Criminal Law. United States of America: Cengage Learning. Justia. (n.d.). Tison v. Arizona - 481 U.S. 137 (1987). Retrieved from http://supreme.justia.com/cases/federal/us/481/137/case.html Seghetti, L. M., & Smith, A. M. (2007). Federal sentencing guidelines:...
4 Pages(1000 words)Term Paper

Sentencing Within the Criminal Justice System

...1 Introduction It is widely accepted that sentencing within the criminal justice system serves a number of related purposes. First it serves to punish offenders. It does this by depriving offenders of liberty, property, other rights and freedoms. Secondly, sentencing serves to reduce crime. It does this through deterrence; either the specific deterrence ore the individual sentenced for a crime or the general deterrence of others who are discouraged from crime by what they see happening to offenders. This is also accomplished through incapacitation; while in...
5 Pages(1250 words)Essay

CRIMINAL JUSTICE - CRIMINAL JUSTICE SYSTEM ASSESSMENT, CONSISTENCY, SENTENCING AND PROSECUTION

...of the increase in the level of crime, most of the respondents named drugs as well as lack of parental discipline as the causes of the crime. 8 Another question asked by BCS was the attitude of the respondents toward the sentences of accused. If general skepticism toward efficiency of criminal justice system, there was no wonder that most of the respondents believed that the sentence practice was quite lenient (there were some notable differences between various group of the respondents), as Black and Asian were more likely to held this point of view (the similar pattern was evident in the treatment of juvenile suspects). Black and Asian respondents were more likely to think that...
4 Pages(1000 words)Essay

4.The Criminal Justice Act 2003 (Sect 142) specifies the purposes of sentencing. Discuss the extent to which prison sentences can fulfil these purposes

...The Criminal Justice Act 2003 (Sect 142) specifies the purposes of sentencing. Discuss the extent to which prison sentences can fulfill these purposes. Essay Plan: Introduction Criminal Justice Act 2003 (Sect 142) 1. Age of application. 6 Purposes served by the Justice Act 2. Punishing the offender. Reducing crime (including by deterrence). Rehabilitation and Reformation of offender. Public protection. Reparations to people affected by the offenders’ offence. Prevention of offence (For aged under 18). Retribution sentencing or Utilitarian sentencing applied by the judge/jury to attain...
4 Pages(1000 words)Essay

(Criminal Justice) Issues for Judges and Sentencing

... should be guided by the canons of the judge’s conduct. He or she should uphold and promote independence, minimize any risk of conflict and not engaging himself or herself in any political or activities of the campaign. Response From the discussion post, we can conclude that during the sentencing time, the judge is expected to be guided by the criminal history and the current offense level of seriousness in issuing out the appropriate sentencing. This is so to avoid unequal punishment basing on factors that do not relate to law issues (Wooldredge, 2010). Despite this freedom of issuing sentences, some federal guidelines require judges involved in some cases to impose sentences that are specific unless circumstances established... are...
1 Pages(250 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Purposes of Criminal Sentencing for FREE!

Contact Us