Axia College Material The Effects of Punishment and Sentencing Student Name: Instructor??™s Name: Date: 05/29/11 CJS/200Sentencing is an important aspect in the criminal justice process. It is the punishment that defendants receive when they are convicted of a crime.
The punishment spectrum is wide and vast, ranging from probation to death. Criminal justice in America is an essential part that is needed to uphold the laws of the United States. Within the American criminal justice system there are many parts in? which are dedicated to process all crimes. Sentencing for crimes committed of those who have been found guilty in a court of law is an integral part of the system. The fundamental philosophies surrounding the purpose of sentencing are diverse. Some people believe that the purpose of sentencing the guilty will prove justice to society.
Others believe in that famous quote “you do the crime, you do the time.” There are four different reasons that society believes in when sentencing the guilty. The four sentencing reasons are retribution, deterrence, incapacitation and rehabilitation. Retribution in my own words is getting even with the perpetrator in a real way of speaking.
Retribution assumes that the offenders willfully chose to commit similar acts again and should receive the punishment they deserve. Another reason involves the belief of deterrence. Society believes that by creating sentencing standards for different crimes will prevent others from committing crimes more than once. Additionally, society believes that the incapacitations of those found guilty of certain crimes are to be sent off and isolated from society for the hope of reforming the person. Altogether, society believes in the fourth reason which is rehabilitation. Rehabilitation is a form of starting off new with a person in order to assess, educate and allow the possibility of release back into society with the hope that the person can start over and live by the laws of the land. Each specific sentencing has its own limitations as well as in connection with the philosophies on how society influences them. Defendants who reach the sentencing stage of the criminal proceedings are those who have ? not yet completed or escaped the correctional filter.
They have either pled guilty to or been found guilty of a crime in a jury or bench trial. The court must now decide how to dispose of them. To make a sentencing decision is often the most complicated and difficult task for the sentencing judge. The judge holds the role of distributing the minimum and maximum sentence to the guilty. The factors of sentencing that go into the determination of each specific sentence have all been taken into vast consideration.
The legislation of this country sets a standard for state level legislatures to compile penal codes which enact that all crimes are taken into consideration to make punitive limitations. Every state has made laws in which sentences are given for each criminal act authorizing judge to have at their disposal. Depending on each individual case, a judge has these guiding principles within his or her jurisdiction to hand down sentences. A judge is allowed to create any sentence only within the set punishments for those crimes.
There is a factor in which limits a judges flexible sentencing terms and that is called determinate. This limiting factor is the workings of legislation where the body of government has set a standard sentence without any bargaining as in capital punishment which involves death or life. In summation of the factors in which how sentencing comes about involves three main phases. Legislation prescribes minimum and maximum punitive measures for crimes; the judicial phase reviews and provides a final judgment within the confines of the law and the administrative phase oversees the time in which a person will be incarcerated or sentenced.Capital punishment also known as the death penalty is one of the highest forms of punishment in the United States of America. The laws of the land have reserved this punishment for the most serious cases involving first degree murder under aggravated circumstances. Across America, three out of eight states, and all federal courts participate in this form of punishment.
Many people are for, and against this form of punishment. Some citizens believe that this form of punishment is cruel and is not fair while others believe that it is fair enough to take the life of a person whom has committed murder.I have reviewed some viewpoints on the issue of capital punishment and found some very interesting positions. Factually, I have found that some people are in between their positions. I found a person that had a valid ? view that can draw in many questions. This person discussed the fact that he believed that he was for the death penalty and raised a valid thought; how can society better provide the guilt of those who committed the crimes without sending innocent people to die.
Another thought that this person brought up is, are we fully aware that “some criminals have resorted to murder even after serving a prison sentence.This debate influences the decisions for punishment as a whole by bringing all societys thoughts into consideration. I understand that society as a whole does not want crime but, in this real world crime is inevitable because of human differences.
Other influences for decisions of punishments are children and others who cannot fend for themselves. Our government is charged with the task of keeping order within the society to prevent crime and disruption. Therefore, our society will always be the number one influence in the decisions for punishments of crime.[The Jewish Social Policy Action Network (JSPAN), in its website section titled “Death Penalty Policy Center” (accessed June 23, 2008), offered the following:”It is the position of the Jewish Social Policy Action Network to oppose the death penalty as it is currently applied in the United States and to press for the immediate abolition of capital punishment… Our position is compelled by a moral imperative, our belief that the death penalty is immoral and constitutes an unconstitutional cruel and unusual punishment that is at odds with our best traditions, fosters a culture of violence, and teaches our children the wrongheaded lesson that the way to settle scores is through violence, even to the point of taking a human life.]” [George W.
Bush, MBA, 43rd President of the United States, in a June 23, 2000 CNN.com article “Bush Death Penalty Stance Could Be Campaign Issue,” wrote the following: “I??™m going to uphold the law of the land and let the political consequences be what they may. If it costs me politically, it costs me politically..
. No case is an easy case… I also keep in mind the victims, and the reason I support the death penalty is because it saves lives. That??™s why I support it, and the people of my state support it too.”] Reference: Pros and cons.org Associated content.com