Criminal Justice - Goals of Criminal Sentencing - Assignment Example

Criminal Justice - Goals of Criminal Sentencing Criminal law is a field that subjects wrong doers to suitable punishments within a community or society. The nature of punishment depends on the kind of punishment committed by the offenders. As such, every crime has a designated punishment within a court of law.Criminal sentencing differs in severity depending on the given nature of crime and intended purpose. Various goals of punishments exist within the courts of justice. The objectives of criminal sentencing include retribution, prostration and deterrence. Other goals of sentencing also include rehabilitation purposes and restoration within the society. The administration of the various sentences determines the nature of the given crime and choice or objective to be achieved. Retribution is a type of criminal sentencing that administers justice on the boundaries of fairness. The defining pillar of retribution is to harm a given criminal based on the harm inflicted to the society. Incapacitation is a type of sentencing that serves as prevention strategy to curb futureoccurrences of the same nature. Deterrence is another form of sentencing that has weight to the offender. The nature of the administered punishment outweighs the crime committed by the offenders. Rehabilitation is another significant goal of criminal sentencing that targets to reform a given wrong doer (Schmalleger 161). The principal of criminal rehabilitation seeks to explore a given cause of crime with intention to assuage the cause. The choice of offense may be related to the crime committed on given occasions. As such, given sentence may be applicable in some instances within a court of justice. Intermediate Sentencing Intermediate sentencing refers to an imprisonment term that lacks a definite duration presented in maximum capacity. This type of sentencing is eligible for parole with restrictions to a parole authority. The sentencing acquires policies that monitor the offender’s progress in prison to determine the early release. As such, intermediate sentencing does not follow a judicial prescription on the date of release for the wrong doer. The Positive Aspects of Intermediate Sentencing Intermediate sentencing serves as an immediate corrective measure for offenders while serving sentence. The nature of the inmate’s behavior determines the eventual release date within sentence duration. As such, parole boards are significant in the decision making of the offenders release date either earlier or on an overdue basis. The intermediate sentencing structure is significant in accomplishing the needs of the inmates during the rehabilitation period. Additionally, behavior change with significant evidence would foster an early release of the wrong doer. The relevance of the sentencing is that offenders receive a fair share of the prescribed sentence duration. The law reduces an offender’s jail term service on the basis of correctional procedure (Schmalleger 163). The intermediate sentencing program promotes good behavior among the correctional facilities in the world. Additionally, this type of sentencing is an immediate solution to jail overcrowding due to the early offender release program. Inmates are also encouraged to engage in positive behavior due to the eventual rewards of early release dates. Structured Sentencing Structured sentencing refers to a model that determines a wrong doer’s sentence. This type of sentencing categorizes offender based on various factors. The classification process then assumes a sentence specified within a given legal provision. In structured sentencing, an offender’s fate is determined by definite rules of sentencing administered by the judge. A court of law administers structured sentencing through a definite procedure. The procedure follows a set criterion that uses structured information pertaining to related cases. Types of Structured Sentencing Models The existing structured sentencing models are three in nature as provided by various states. The said sentencing structures include determinate sentencing, the advisory sentencing and a presumptive sentencing model. The three models vary in nature during administration to the offenders. The determinate sentencing model entails fixed incarceration duration that isobligatory. The determinate model is a common type of sentencing structure that lacks discretion upon verdict.The voluntary sentencing model assumes categorization of the committed crimes that are later determined by the judge. The model allows discretion by the judge during court ruling to the offender. As such, the model provides guidelines to judges before the delivery of the ruling in court of law (Schmalleger 151). The presumptive model assumes procedural sections that allow a judge’s discretion during a court ruling of the cases. The presumptive model is a modification structure of the other models that assume reasonable discretion from the judge. The structure also pins the judge to administer sentencing within the same range of the crimes committed.The best model for long-term conviction is the determinate sentencing due to the nature of the operating principals. Alternative Sanctions Alternative sanctions refer to set programs administered to offenders in form of community work. The alternative sanction structure includes working without pay to cover up for the crimes committed. Alternative sanctions are meant to punish minor lawbreakers or offenders that engage in slight crimes. Additionally, alternative sanctions also include custodial sentences for the minor offenders. Other features of the alternative sanctions include fine imposition to the offenders. Alternative sanctions may also include payment of damage caused by the offender to the victim in question. The procedural structure of damage payment is carried out by the CJIB on behalf of the victim (Schmalleger 171). Other server cases of alternative sanctions may also include property confiscation that belongs to the offender. Alternative sanctions may be affective given the overcrowded population of inmates within the incarceration facilities. The alternative sanctions offer public safety security through maintaining educational programs. Other significant features of rehabilitative programs may also be instilled to the offenders through the alternative sanctions. The sanctions have a positive effect to the offender give the service term within community programs. Additionally, alternative sanctions are economically appealing to the state and the taxpayers’ money. The program minimizes the housing costs of inmates. The community service program may also offer employment to the offender upon completion of the service term. As such, the offender may actively contribute to community building after service the sentence. Pretrial activities The pretrial activities include a plea-bargaining where the offender has a time to negotiate. The process also entails a prosecutor concession. A later process entails allocation of an offender’s right to a lawyer. A prosecutor follows the next procedure with a decision on whether to press charges (Schmalleger 155). The pretrial process also entails charge reviewing in the court of law with a first court presentation. A traditional structure of the court will grant bail to the offender where necessary. Criminal law trial Criminal law trial is significant to enforce fair trial for the accused or offenders in a court of law. The trial also preserves an individual’s rights within the trial process as mandated in a given constitution. Factual guilt and legal guilt The term factual guilt refers to wrongdoings against individuals that lack hard evidence to warrant heavy punishment. However, Legal guilt refers to offenses committed by people against a society in general. Adversarial system The term refers to a legal structure that constitutes the common law states and countries that include two advocates representing the given parties. The structure usually represents that said parties on matters that mandate truth revelation. Stages of criminal trial The various stages of criminal trial are sequential begging with arrest and the eventual trial. The arrest stage entails use of a police officer as directed depending on the nature of the case. The second stage entails granting of bail while the offender is in police custody. A later development of the stages includes arraignment in court followed by preliminary hearing. Other offender s may include grand hearings depending on the nature of the case. Pretrial motions follow the next phase of events. This stage includes both the prosecutor’s side and the offender defense side to settle final matters (Schmalleger 158). The trial phase follows where the judge evaluates the offender’s guilt. Sentencing follows the trial phase to decide on the punishment suitable to the crime committed. The appeal stage is a final phase that concludes the criminal trial events in a court of law. The offenders may request a review of the concluded case to seek clarity in a higher court. Improvement on the adjudication process The Improvement on the adjudication process may include reinstating the death punishment. Additionally, improvements on the same would also mandate omission of electing democratic judges. The state of prison also should be worsened to serve as warning for many offenders. Work Cited Schmalleger, Frank J. “Criminal Justice Today: An Introductory Text for the 21st Century, Student Value Edition (12th Edition) (Justice System).” Upper Saddle River, N.J: Prentice Hall, 2014. Print. Read More