Quiz 11: Sentencing
Five goals of criminal sentencing: 1. Retribution is an act of revenge on the offenders for their criminal activity. 2. Incapacitation denies the criminal an opportunity for committing offense through imprisonment. 3. Deterrence is an attempt to prevent a criminal activity through punishment or fear of being punished. They are of two types: General (prevents future crimes) and Specific (prevents the offender from criminality). 4. Rehabilitation efforts transform an offender. 5. Restoration converts the victim of criminal act "wholly." Primary goal: Incapacitation is the vital or " primary goal" that restrains the criminal from committing an offense. Choice varies with the offense: Yes, the choice varies with nature of crime committed. There are many factors that are considered for determining the primary goal of sentencing. They are as follows: • Public attitude toward crime and being punished • Severity of the criminal activity and the punishment provided Circumstances in which the choices are less acceptable: The goals have to be personalized depending on the crime caused and person offended. Example: Criminal sentencing is unfair in the cases listed below: • Retribution for offender convicted with minor offense for the first time • Rehabilitation for offender convicted for repeated violent crime.
Best sentencing practices: The best sentencing practice is to advocate "presumptive sentencing" guidelines as it allows fair sentencing practices and provides the judges more flexibility. Certain exceptional cases are exempted as it will be difficult and outlier. At the same time, these practices are fair almost always.
Indeterminate Sentencing: Indeterminate Sentencing affords an offender the opportunity to decrease his or her sentencing. The offender receives indefinite sentences under indeterminate sentencing. Example : 10 years imprisonment Positive aspects of indeterminate sentencing: • The performance of the offender at the imprisonment determines the point he OR she would be paroled. • The offender can accelerate his release by participating in various rehabilitation programs along with good time. Indeterminate sentencing is abandoned: • The principles of sentencing models like equity, proportionality, and social debt are recognized by the critics of indeterminate sentencing. • This leads to adopting structured sentencing (determinate sentencing) instead of indeterminate. • It convicted a fixed term sentencing to the offenders, by decreasing the good time or guidelines of sentencing based on past practices.