The Impact of Sentencing Guidelines - Essay Example

Comments (1) Cite this document
Summary
The Impact of Sentencing Guidelines Institution Affiliation: Date: There has been an increased growth and use of sentencing guidelines in the US in the last couple of years. The increased use of sentencing guidelines has triggered enormous and intensive debates in regard to their impact on the justice system of the United States…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.1% of users find it useful
The Impact of Sentencing Guidelines
Read TextPreview

Extract of sample "The Impact of Sentencing Guidelines"

Download file to see previous pages Since the year 1966 when such guidelines began to be established, different forms of sentencing guidelines have come up, owing to their formulation and implementation. The last couple of years have had a significant increase in the formulation, implementation and use of these sentencing guidelines. Presumptive and voluntary sentencing guidelines have been used since the time sentencing guidelines began operation (Lubitz, 2001). This paper intensively assesses the impacts of the sentencing guidelines to the justice system and to the society at large. This is in the view point that laws are set up to regulate and control the behavior of the society prior to the rights and freedoms of individuals. In the light of sentencing guidelines, this paper will also consider the goals of sentencing, the different types of sentences, constitutional rights in the context of sentencing and the overall impact of these sentencing guidelines. Goals of Sentencing A sentence refers to a formal and legal judgment pronouncing a specific punishment imposition following a crime conviction (Barlow, 2000). Different sentences are meant to achieve different results. In this regard, the goals of sentencing may vary from time to time. However, there are basic goals that sentencing is purposed to achieve. Deterrence is one of the goals of sentencing. In this case, people are afraid to commit crime in order to avoid punishments that have been experienced by those who have committed crime. They therefore refrain from crime (Siegel, 2005). Deterrence can be both general and specific. The aforementioned is a general case. A specific case involves an act of not committing crime as a result of a punishment previously suffered. Sentencing is also tailored towards rehabilitating offenders. The basic underlying principle is to reform the convict. In rehabilitation, a crime has already been committed and a sentence passed. The aim of the sentence is to promote a conscience, and this goal has led to an intensive sentencing guidelines structuring (Siegel, 2005). Rehabilitation strives to change the behavior of offenders. In this regard, as much as it regarded a punishment, the sentencing guidelines aims at promoting uniform sentencing for similar incidents of injustice against an individual, community or the society at large. Retribution is another goal of sentencing. In this case, punishment is imposed on offenders given the crime that each offender commits. The offender is linked to the crime committed, making it legal for an offender to deserve the punishment imposed prior to the crime committed. Offenders convicted of the same crime are treated equally (Barlow, 2000). Sentencing also seeks to achieve incapacitation. Incapacitation is defined as the punishment that reduces the chances of having a crime committed (Siegel, 2005). This goal is based on the idea that offenders convicted of various crimes are locked up in prisons. These prisoners are not bound to commit any crime in the outside society since their movement and actions are restricted, monitored and controlled. Types of Sentences Different types of sentences are imposed to offenders depending on the magnitude of the crime committed, rights and freedoms violated and the effect of such crimes to the society, economy and the state at large. These sentences vary and a number of them include: Life ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Impact of Sentencing Guidelines Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
The Impact of Sentencing Guidelines Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/law/1440918-the-impact-of-sentencing-guidelines
(The Impact of Sentencing Guidelines Essay Example | Topics and Well Written Essays - 1250 Words)
The Impact of Sentencing Guidelines Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/law/1440918-the-impact-of-sentencing-guidelines.
“The Impact of Sentencing Guidelines Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1440918-the-impact-of-sentencing-guidelines.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
ph
phyatt added comment 11 months ago
Student rated this paper as
I had an issue with a essay types of works. All until I came across this website and this particular paper. Even though "The Impact of Sentencing Guidelines" is far from my studies, the structure is so great that I use it all the time as an example for my own works.

CHECK THESE SAMPLES OF The Impact of Sentencing Guidelines

Mandatory Sentencing

...for possession and dealing with 650 grams of drugs such as cocaine and heroin- it also increased the penalties for smaller offences. In 1984, the Comprehensive Crime Control Act resulted in the creation of a U.S Sentencing Commission. It also phased out parole and set mandatory sentences for gun related crimes. Two years later, in 1986 the Anti-Drug Abuse Act creates new federal minimum mandatory sentences for drug related offences. One year later, in 1987 the US Sentencing Commission enacted some guidelines to help the Courts in convicting and sentencing all federal drug related offences. In 1988, the Omnibus Drug Abuse Act not only...
18 Pages(4500 words)Research Paper

Sentencing

...?SENTENCE FOR A CRIME At the federal level, there exist some rules that are termed the sentencing guidelines. These guidelines setout a standardized sentencing policy for individuals as well as groups convicted of serious felonies. At state level, three strike laws have been adopted by the legislatures by which the three times convicted felon is given a life prison without any parole. These laws are the statue passed by the state governments and do bound the courts that they should extend the period of sentence to the prisons who have committed serious crime on three or more separate times. According to my point of view, the crime should...
1 Pages(250 words)Essay

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 deterrence is the thought that people will avoid committing any crime...
3 Pages(750 words)Essay

Sentencing Guidelines Reform

...?Recent reforms in sentencing guidelines There have been a number of reforms in sentencing policies within the recent years, with policies being enacted in at least 22 different states within the United States. The reforms have focused on expanding the treatment options to drug offenders, diverting them to other programs instead of incarceration. Likewise alternatives have been looked at for offenders of non-violent crime, such as community service. The Need for Sentencing Reforms The prison population has been rapidly growing for many years, with an increase of 7% in the period from 2000 to 2005 (King, 2007). The cost per day per prisoner of keeping criminals incarcerated is significant making the increases in prison population... , and...
5 Pages(1250 words)Research Paper

Sentencing

...?Sentencing of Introduction Sentencing is a form of penalty that is ordered by the court once a defendant is prosecuted in a court of law. Sentencing in some states is at times pronounced by the juries but in most states it is pronounced by a judge. This also applies to all federal courts. Sentencing is usually pronounced at sentence hearing for very serious crimes committed, after the prosecutor and the defendant have presented their arguments regarding penalty (Ashworth, 2010). However for other offences which are not considered as major then it can be pronounced either before or after conviction. Sentencing has four major goals which are deterrence, punishment, rehabilitation and incapacitation. A sentence can include a decree... of...
3 Pages(750 words)Assignment

Mandatory Minimum Sentencing Guidelines

...?Mandatory Minimum Sentencing Guidelines 11th, February, Mandatory Minimum Sentencing Guidelines Introduction The dominance of the new penology perspective in the majority of advanced countries of the West during the last 3 decades has led to increased homogenization of their criminal justice systems. In areas of criminal law and in context of sentencing regimes there has been displacement of mandatory sentences by discretionary sentencing systems. One of the burning issues of criminal justice, which has remained controversial, is the way sentencing judges exercise discretion. This has led to introduction...
3 Pages(750 words)Essay

Sentencing

...School, n.d.). As mentioned above, the principle also prohibits the US courts from delivering a death sentence to a convict who is found guilty to aid and/or abet a homicide crime or equivalent criminal offence(s) but is not directly responsible for the committed crime [Enmund v. Florida (No. 81-5321) 399 So.2d 1362, reversed and remanded] (Gardner & Anderson, 2011; Cornell University Law School, n.d.). Describe how the Sixth Amendment affects sentencing provisions implementing sentence enhancements against criminal defendants The Sixth Amendment was adopted by the US Supreme Court emphasizing the provision of right to trial by panel of judges, which implies that...
4 Pages(1000 words)Term Paper

Sentencing rationales

...to the disadvantage caused in order to correctly regain equilibrium. Although punishment can be justifiable, the justifications of sentencing do not provide a clear guideline on the appropriate punishment for particular cases. The justifications do not set out the rights that an offender should forfeit for violating certain norms and what punishment will eliminate the unfair advantage caused by the offense. If punishment is to restore the equilibrium disturbed, then it is imperative that the punishment must be proportionate to the offense. Therefore, the guiding principle in determining the severity of the punishment must be in proportion to the seriousness of the crime. This then implies a hierarchy of...
3 Pages(750 words)Term Paper

Mandatory Sentencing Guidelines and Special Interest Groups as Policy Makers

...1. Read Case Study 3.2 in the Welsh/Harris text (beginning on p. 115). Are mandatory sentencing guidelines "good policy" Are they effective at addressing the problem that they seek to resolve Let's discuss the pros and cons of the policy. "Mandatory sentences are based on two goals-deterrence and incapacitation. The primary purpose of modest mandatory prison terms (e.g., three years for armed robbery) are specific deterrence, which applies to already sanctioned offender, and general deterrence, which aims to deter prospective offenders. If the law successfully increases the imprisonment rate, the effects of incapacitation also will grow because fewer offenders will be free to victimize...
2 Pages(500 words)Essay

Federal Sentencing Guidelines

...Federal Sentencing Guidelines Federal sentencing guidelines are the rules permissions to view a criminal with that act. These guidelines are the standard principles prepared by federal criminal justice system and approved by United States Sentencing Commissions. These guidelines are published in a manner so that the entire nation can openly read and contend themselves that the decision made by the court is not wrong. These guidelines may also help criminal to get prepare for the punishments before they seize themselves in any crime. The judge while dealing with a case selects the sentence...
3 Pages(750 words)Essay
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 The Impact of Sentencing Guidelines for FREE!

Contact Us