Types of Sentencing Essay Example

The first goal is retribution which is the act of taking revenge on a criminal perpetrator. The second is incapacitation which entails the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses. The third is deterrence and there are two types; general and specific deterrence. The fourth is rehabilitation which is the attempt to reform a criminal offender which includes changing their behaviors. The fifth and the last is a restoration which entails a goal of criminal sentencing that attempts to make the victim "whole" again. I think that the primary goal for sentencing should be rehabilitation because it offers criminals an opportunity to change their ways and be good citizens instead of turning to a life of crime. Also makes sure that there are no repeat offenders that keep coming back to prison/thru the justice system. My choice might vary from the type of offense committed because if the person is a psycho killer that killed 20 women I would want the harshest punishment available for that person. Things like drug charges and so on are somewhat minor and people can turn things around with smaller charges as such.

Indeterminate sentencing is a certain model of criminal punishment that focuses on rehabilitation through the utilization of general and unspecific sentences for offenders. Some states abandoned the model due to many believing the model is contributing to inequality in sentencing where offenders might be sentenced more just on the basis of personal and social characteristics. 

Structured sentencing is another model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes. A model used today is determinate sentencing and presumptive sentencing. The determinate model in my opinion is definitely the most beneficial for long-term crime reduction because the population will not want to have these harsh punishments and have to ride them out in prison even under a minor offense. Deterrence is a key part of crime reduction which I believe the determinate model provides. 

Alternative sanctions include the use of court-ordered community service, home detention, day reporting, and drug treatment. They can be effective because it offers the offender alternate ways to complete their sentence without having to go to a traditional prison. Most of the time the alternative sentence is a beneficial action that can be taken by the individual to get their life squared away so they don't keep going through the criminal justice system. 

A presentence investigation also known as a PSI is the examination of a convicted offender's background prior to sentencing. PSIs contribute to the content of presentence reports because it compiles a list of positive and negative life experiences the offenders went through to determine a release date. Presentence reports are used by the probation officer and supervised release uses the report in order to make a proper assessment. 

The history of victims' rights includes testifying at trial. A lot of states passed amendments for victims' rights but a federal amendment hasn't been presented yet. The victim plays a big role in the process because they can make statements that can be taken into consideration when prosecuting the offender. 

The four modern sentencing options include; fines, probation, imprisonment, and death. Fines are appropriate when minor law violations are broken with things such as speeding, jay-walking, etc. Probation is appropriate when larger offenses are committed such as drug violations, assault, etc. Imprisonment is suitable when major laws are broken such as DWI, large quantities of drugs/paraphernalia, theft, etc. Death is suitable when major crimes are committed such as murder, treason, etc. 

I support the use of capital punishment however I do think there needs to be a revision of the capital punishment system. More people than we think are killed on death row that is innocent and didn't have the chance to prove their innocence. I do however believe that some criminals don't deserve the right to life as they have caused too much harm than good and deserve death. The pros of capital punishment include revenge and the sole protection of society. Many believe that criminals who have committed these atrocities shouldn't be able to walk around in public due to their danger to society. The cons of capital punishment include the potential for innocent lives to be lost and can sometimes tend to discriminate against less powerful groups. Additionally, capital punishment is quite pricey as it takes a lot of work to go through the process. 

The development of federal sentencing guidelines includes the comprehensive crime control act of 1984 which addressed the issue of truth in sentencing which improved the correspondence between the sentence imposed on an offender and the time actually served in prison. Federal guidelines impact state guidelines because it sets a base example for states to build upon/tweak to their liking such as adding more victims' rights amendments to a states constitution while federally missing. 

Three-strikes implies the offenders will receive a mandatory life sentence if he/she has two or more prior convictions in federal court and at least one is a serious violent felony. With the three-strikes law came mass incarceration, large trial costs, and overpacked courts.