The Effects of Punishment and Sentencing Essay Example for Free

The Effects of Punishment and Sentencing EssayWhen a defendant is reprobated, there be philosophical reasons behind this sentencing. The four basic reasons are rehabilitation, deterrence, retri justion, and incapacitation. Because this process is sensitive, rule of thumbs have been made to see to it that presumptive sentences are mandatory.Rehabilitation is considered genius of the most humane goal of penalisation. There are antithetical ways a adjudicate can impose a rehabilitation sentence. For example, a young womanhood is arrested for public drunkenness. The judge could sentence the young woman to 10 days in jail or reprimand her to a 28-day program for the alcohol charge. The second philosophical reason for sentencing is deterrence. To deter is to encourage something d unmatched fear. In this case, if you fear losing your freedom, one is encouraged to obey the law. Deterrence not only looks for retri furtherion provided also looks to punish the defendant to a poi nt whereas they would not have a desire to get off another execration. Deterrence can take two forms, general and proper(postnominal). The general deterrence punishes the criminal, dissuading them from committing the same crime.The specific deterrence expects that a harsh sentencing pass on prevent the offender from committing any future activity. There are some questions regarding general deterrence. Because it assumes that, a soulfulness will commit a crime after rationalizing the pros and cons. This surmisal proves to be false with adolescences.Incapacitation is another amongst the four philosophies. This form of punishment is not interested in providing resources to pass criminal activity. This form commands to incarcerate the defendant and keep them that way for as long as possible. This is one way to ensure that the defendant is not committing any crimes. However, studies have shown that once released, an offender is more credibly to commit a crime than before they we re incarcerated.Finally yet importantly is retribution. This philosophy states that if a somebody commits a crime than he or she should be punished based on the degreeof the crime. This relies on the principle of just deserts which says that a criminal deserves to be punished. Retribution is not the same as revenge it is a way of paying society back.Sentencing is not an easy task for a judge, but legislative laws have made it a little easier. Legislatures are responsible for determining the length of the sentence as they are for making the law. They have also created penal codes as a guideline one of them is to determinate sentencing. If the defendant is sentenced to one year in jail then that defendant must do a year minus the good time. As an example, a defendant is sentenced to a year but may only have to do eight months based on their good behavior.Indeterminate sentencing sets a minimum and a maximum amount of time that a criminal must serve. For instance if a defendant was sen tenced to 10 15 years, he or she would have to serve at least 10 years, before being considered for parole. Legislatures have passed the truth in sentence law as well. It requires that serious crime offenders must complete 85% of their sentence, without good time conditions.The final decision is based on the judge. The essential factor is the behavior of the defendant and or the severity of the crime. There are circumstances as expected, this is wherefore there are two rules, and they are aggravating and mitigating. A harsh sentence can be ruled under aggravating circumstances or a lesser one can be ruled if the circumstances are mitigating.A judge considers other factors as well regarding the sentence guideline such as mandatory sentence and habitual offender laws. Mandatory sentence states that a judge must not deviate from setting form standards. The habitual offender law states if a person commits a felony, their 3rd time for sentencing should be harsh.Debates surrounding cap ital punishment have advocates stating they just want criminals to be punished based in their crimes (just desert). While those who oppose say, their method is just an act of revenge. Nuechterlein (2000) describes retaliation as punishment inflicted in retaliation for an spot oroffense, he says if you consider that, any punishment towards a crime constitutes as vengeance. I do not agree with this authors concept however, I rede his point of view.The other article that I viewed opposed the death penalty. The authors pointed out the methods used for capital punishment are cruel and unusual and violate the Eight Amendment. Kaverny (2008) cruel and unusual punishment satisfies the desire for hole-and-corner(a) vengeance. We are all inclined to evaluate harms to ourselves and our loved ones are more deserving of a punishment, than injury to others. This debate influences decisions for punishment because many states believe that if they continue to hand out the death penalty, crime wi ll decrease.ReferencesKaveny, C. (Feb 15, 2008). Justice or vengeance is the death penalty cruel unusual? (Columnist) (Essay). Commonweal. 135.3 9(1). Opposing Viewpoints Resource Center. Retrieved April 27, 2009, from Apollo library http//galegroup.comNuechterlein, J. (2000). Capital Punishment Deserves Caution Support Current Controversies Capital Punishment. Greenhaven press. Opposing Viewpoints Center. Retrieved April 27, 2009 from Apollo library http//galegroup.com