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The Pros And Cons Of Deterrence Sentencing

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Currently within our criminal justice system, I feel that while there seems to be a mix of deterrence, rehabilitation, retribution and incapacitation. But there are some that are much more prominent than others. In Oregon specifically, the sentencing goal of deterrence reigns supreme. With sentencing guidelines like Measure 11, which is defined as "Measure 11 was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. Prisoners cannot be paroled prior to serving their minimum sentence" (https://en.wikipedia.org/wiki/Oregon_Ballot_Measure_11_(1994). The point of strict sentences like this are to deter individuals from committing egregious crimes. …show more content…

Under the view point of retribution, the punishment should fit the crime. The sentencing goal that I feel should be most relevant to our criminal justice system, is rehabilitation and incapacitation. I believe unfortunately, that there are some extremely violent and psychopathic criminals (such as adult serial rapists, serial killers and terrorists, etc.) that need to be held for lengthy prison terms or within the confines of an institution because their behavior is so engrained and will not change. I do find incapacitation to be vital when dealing with individuals who are unsafe, extremely anti-social and unwilling to get better to become productive members of society. But I also find that rehabilitation is absolutely key, especially when used for juvenile defendants. Juveniles brains are not fully formed, preventing them from understanding the depravity of their decisions and actions. If early intervention and rehabilitation treatment and programs can be utilized for at risk youth and for keeping youth out of the prison system entirely, I see no negative parts of this sentencing

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This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed

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Today I called the Illinois Representative Michael J. Madigan office and received his answering machine. I left him a message asking him to please consider passing bills for sentencing reform legislation, such as the Sentencing Reform and Corrections Act (SRCA), S.2123. I told him that I am a registered voter and it has come to my attention that the federal prison population has skyrocketed dramatically over the past 35 years and most of the people in the prisons are in for minimum drug sentences. I told him that while people are in prison they are losing income, job skills, and are typically unable to attend rehabilitation programs. All of these aspects make it extremely difficult for the people to obtain jobs or get on the right path once

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Across the world, various countries impose sentences on criminals for different reasons. Some reasons include to punish offenders, protect the public, change an offender’s behavior, ensure offenders do something to make up for their crime, and to reduce crime in the future. With that being said, the country I chose to have the better sentencing philosophy as opposed to utilizing them all, is England. I chose the English sentencing philosophy because they utilize isolation, deterrence and rehabilitation as a means of condemning their offenders, and by punishing them in proportion to their culpability for criminal activity (Terrill, 2016). By isolating the offender, the British believe their society would be safer and more protected from

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This shows how the government should start funding these programs to help lower the jail population. This is why the government should have a sentencing

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Deterrence is future oriented to prevent crimes. Deterrence has two types general and specific. General is an individual punishment to dissuade others from committing crimes and specific is an individual being punished for additional

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Evaluate the effectiveness of sentencing and punishment as a means of achieving justice. The Australian criminal justice system is moderately effective in relation to sentencing and punishment as a means of achieving justice for offenders, victims and society. Sentencing and punishment is a key process utilised to enforce legislation, resolving and deterring criminal actions. Its effectiveness in upholding the interests of society is determined by the ability of enforcement to consider specific and general deterrence, retribution, rehabilitation and incapacitation.

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The traditional goals of sentencing are retribution, deterrence, incapacitation and rehabilitation (Stinchcomb, 2011). A more contemporary goal of criminal sanctions is restorative and community justice (Stinchcomb, 2011). Retribution is founded on the principle that offenders should receive their ‘just desserts’. However, the penalty must be proportionate to the offence committed (Welch, 2004, p.83) Deterrence aims to reduce criminal offending.

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“Mandatory minimum prison sentences alter the criminal justice framework. They drain the control of the judiciary over punishing offenders and bestow quasi-judicial powers on police and prosecutors.” (Mirza, 2001, p.493) This will likely occur because it removes any discretion in regards to sentencing and eliminates the consideration of an individual’s circumstance or motive. This also does not take into consideration what happened before the crime.

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This is unfair conduct because mandatory sentencing supposed is to unify for the crimes people make and be bias to one criminal to another. Now, before one

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Jail sentencing is something that every American citizen struggles with in one way or another. Not all criminals are bad & not all criminals are good. Some of the good citizens make mistakes & get charged harshly for things that they don’t deserve, but sometimes the bad citizens the actual criminals are able to beat their cases & don’t get charged as bad as the good people. Jail sentencing can make citizens go through torture. Jail sentencing should be discontinued because it can make citizens go through torture.

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Of the four goals of prison, I believe that deterrence is the best current approach to correction best accomplishes. Deterrence, a principle in which punishment should prevent the criminal from reoffending. It also assumes that potential criminals would weigh the costs of punishment versus the benefits of the crime act. Of course, this creates a fear to criminals who seek no punishment. Deterrence is better than the other three method because of limitations.

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Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.

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Deterrence and retribution are two major philosophies that underpin punishment in the Criminal Justice System. Deterrence is a philosophy which aims to prevent or reduce crime through the fear of punishment with the aim that the threat of punishment will prevent people committing crimes. Whereas retribution is a philosophy which aims to punish the criminal for the act caused with the idea that the punishment should be proportional to the harm caused for example the idea of ‘an eye for an eye’ (Philosophies of punishment 2005). The aim of this report is to define and explain both retribution and deterrence compare and contrast the philosophies and discuss their strengths and weaknesses. Identifying which philosophy is the most effective for

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There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.

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