Theories of Sentencing and Punishment - Essay Example

"Philosophical reflection on punishment has helped cause, and is itself partially an effect of, developments in the understanding of punishment that have taken place outside the academic world(STANFORD ENCYCLOPEDIA)i". In ordinary sense, punishment indicates a retributive treatment. Before going to the deeper, it is necessary to add that whatever the form of punishment may be, i. e. preventive, retributive, reformative and so on; the core purpose of punishment is to facilitate the offenders getting rectified and make other people conscious as to the negative impact of criminalities.

In this context, before providing the treatment to a particular offender, the societal aspects of the offenders should be given utmost importance. In addition, it may also be reasoned that as without threat and coercion, the social order cannot be achieved the introduction of punishment for the prevention of crimes and maintaining social order is so necessary. The punishment awarded should be rational in proportion to the degree and nature of punishment. The effects of punishment have made people aware as to its consequences.

Thus, the philosophical outlook of punishment is greatly laid in assessing the merits of punishments awarded. But the habitual offenders or recidivist should not be treated alike to that of other offenders. Axiomatically speaking, punishment should not be so atrocious rendering inhumane; not violating the right of the offenders; should be proportional. Justifiability of the Theories of Punishment Countries have developed different theories of punishment while dispensing the criminal justice system in their respective legal systems.

Most prominent theories are deterrent, retributive, preventive and reformative. Principally, the purpose of deterrent theory is to keep the offenders aloof from committing the crimes. They are made understood as to the negative implications of the crimes. Efforts are also made to help the offenders in making rational decision as regards the consequences of punishment. Reasonably, there is no unanimous opinion as regards the suitability of retributive theory. "There is a mix theory involving the traditional retributivism and utilitarian arguments along with some other theoretical ideas (Sentencing Law and Policy, 2005)ii".

Actually, neither of the punitive, retributive, or reformative treatment of punishment can serve the purpose of sustaining social instability. Both the punitive and reformative approach should be coordinated for the better result of punishment and help building the society in a sophisticated manner. Punishment should be provided all alike. But, "many federal white collar defendants spend their increasingly long sentences in still low-security (Mike, 2005)iii". In America, race, gender and age are most prominent considerations in case of sentencing and punishing the offenders.

"Young black males are sentenced more harshly than any other group and the influence of offender's age on sentencing is greater among males than females (STEFFENSMEIER, ULMER & KRAMER, 1998)iv". Statutory Provisions "Evidence of confessions or admissions is admissible in the court subject to certain conditions determining whether they are voluntary and/or reliable (Nobles & Schiff, 2000)v". It is certain that