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Sentencing Philosophies In The Criminal Justice System

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As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings. More specifically, the criminal justice system uses four philosophies during sentencing. The four basic sentencing philosophies within the criminal justice system are rehabilitation, retribution, deterrence, and incarceration. Each punishment listed above will fit roughly into one of these philosophies commonly used. Rehabilitation is the belief that by addressing the causes of crime, society can reduce repeat arrests. …show more content…

Well, there are a few reasons. Mandatory sentencing is one reason why the rates are increasing. Before the 80s, there were not many mandatory sentences in place, but now there are for crimes like DUIs, drug charges, domestic-violence cases, and having prior felonies. Having prior felonies is also part of the "Three strikes model," which states that if an offender has two prior felonies, a third can result in a life sentence in prison (Rio Salado, 2022). Another reason incarceration rates are rising is because more women are getting arrested. Before the 80s, most women stayed home and cared for the house, yard, children, and pets. Since women began working outside the home more, they became exposed to more criminal elements that may create more criminal thinking and act upon those thoughts. Therefore, another reason why restorative justice is so important. Too many people are imprisoned, prisons are overcrowded, and diversion programs are cheaper than jail or prison

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