In his book 2006 Criminal Justice in Action: The Core, Professor Herbert Packer emphasizes the importance of the sentencing process in accomplishing two essential objectives - fairly punishing wrongdoers and preventing subsequent criminal behavior. The statement is presented within a paragraph tag (
).
Preventing harm and improving society hinges on sentencing. The criminal justice system has four key approaches to sentencing: retribution, deterrence, incapacitation, and rehabilitation. Retribution seeks to penalize offenders in proportion to their crime, while also taking into account other factors. Just desert is the foundation of this philosophy, which ensures that punishment fits the offense committed.
The following philosophy, known as deterrence, involves utilizing the threat of punishment as a means of preventing crime. This strategy aims to set an example for potential offenders, conveying a message that particular actions will not be accepted. The third philosophy i
...s referred to as incapacitation.
Incarceration is a method of crime prevention that involves imprisoning perpetrators to isolate them from society and limit chances for criminal behavior. John Q. Wilson's justification for incapacitation is straightforward: "There are evil people. The only solution is to separate them from the innocent" (Thinking about Crime 1975). Finally, rehabilitation is the last philosophy.
The philosophy of rehabilitation holds that society benefits more from providing resources to help wrongdoers eliminate criminal behavior than simply punishing them. Various factors are considered when determining sentences, including the authority of the legislature. As public opinion shifts towards harsher approaches like retribution, deterrence, and incapacitation, lawmakers assert their power over sentencing guidelines. This is because they create laws and pass the criminal code that determines the duration of a sentence.
The Legislative Sentencin
Authority encompasses three varieties of sentencing. The first is indeterminate sentencing, which involves an incarceration period determined by a judge, with a minimum and maximum term set. Once the minimum term is completed, the prisoner may be eligible for parole. The second type is determinate sentencing.
A fixed sentence, also known as a legislative sentencing, is a period of incarceration that cannot be reduced by judges or corrections officials. The offender serves the amount of time to which they were sentenced. Other forms of legislative sentencing include good time and truth in sentencing.
A reduction in time served for good behavior is a beneficial program that encourages discipline and helps prevent overcrowding in correctional institutions. By implementing this program, lawmakers strive to ensure that convicts serve the full term of their sentence as originally intended.
This form of punishment was enacted by lawmakers as a response to the efforts of organizations representing victims. It mandates that individuals who commit severe offenses such as homicide must serve no less than 85 percent of their initial sentence, without the possibility of early release for behaving well. Another aspect that contributes to setting particular penalties is the Judicial Sentencing Authority, which interferes with judges' longstanding authority to make the ultimate determination on a convict's punishment. The last factor is the Administrative Sentencing Authority.
Capital punishment, or the death penalty, is considered the ultimate sentence for criminal offenses. Its contentiousness is apparent in countries that have decent freedom of speech, which have either abolished it or reserve it for convicted murderers. The debate regarding its use brings forth opposing views. Critics contend that its implementation results in wrongful convictions and infringes upon
the offender's right to life. Furthermore, life imprisonment without parole serves as a sufficient deterrent for murder, making the death penalty superfluous. Contrarily, this proposition goes against the concept of retribution that demands that punishment fit the crime - "an eye for an eye."
Controversy surrounds the efficacy of capital punishment as a means to deter heinous crimes and its compatibility with preserving the sanctity of life through the execution of murderers. The pros and cons of life imprisonment versus the death penalty are also subject to scrutiny. Capital punishment has been utilized by governments for centuries, but in the 18th century, European social commentators began promoting individual value and condemning government injustices like capital punishment. Presently, debates persist on whether governments should continue using the death penalty.
During the Age of Enlightenment, there was a movement to abolish capital punishment. This initial campaign against the death penalty was led by Cesare Beccaria, an Italian philosopher and jurist who wrote Tratto dei delitti e delle pene (1764), which is considered a crucial document on this topic. Other opponents during this period included Voltaire and Denis Diderot from France, David Hume and Adam Smith from Britain, and Thomas Paine from America. Those opposed to capital punishment argue that it is brutal and degrading, while supporters claim it is necessary as retribution for heinous crimes.
Supporters of the death penalty claim that it is an effective form of punishment that deters crime. However, the use of statistical evidence to prove this assertion remains a topic of fierce debate between proponents and opponents. Those against capital punishment deem it an abuse of government power and a violation of human rights, while
those in favor view it as a matter related to criminal justice policy.
According to page 235 of his book Thinking about Crime (New York: Basic Books, 1975), John Q. Wilson emphasizes the considerable discrepancy in opinions and suitable actions pertaining to the death penalty during public discourse.
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