Punishment and Sentencing
CJA 224/Introduction to Criminal Court Systems
This paper will explain and identify the various punishment philosophies within the juvenile court and its processes. Also the adult court process will be explained how they differ with the punishment philosophies. In addition, the sanctions involved, various legal factors associated with sentencing, and the aspects of the appeals will be explained.
There are four punishment philosophies which include: deterrence, incapacitation, rehabilitation, and retribution. The goal of each philosophy is to deter crime, however each approach is different.
The purpose of deterrence is to ...view middle of the document...
“Rehabilitation advocates argue that society owes it to itself and individual offenders to try to cure them before releasing them back into society” (Meyer & Grant, 2003). Treatment sometimes involves administering drugs, therapy, training, and educational programs. If an offender cannot be treated during the rehabilitation process, he or she shall remain in confinement and not be released in order to protect the society.
Incapacitation involves the attempt to physically restrain offenders from victimizing if others. With the use of incapacitation, crime can be prevented by separating offenders from society. Although incapacitation is not limited to jail or prison, house arrest and in-patient drug treatment programs tend to keep offenders off the streets for the interval of their sentence. In my opinion, incapacitation does not prevent crime from happening. Once offenders are incarcerated, they transfer crime from the streets into the prison. Incapacitation is to away with the victimization of others, but many offenders continue to victimize others while in prison. Once offenders have been released, nothing stops them from recommencing their criminal behavior. In addition, inmates are familiarized to new crimes, such as joining a gang, crimes that may have not been committed while they were living in a free world. Incapacitation results in the redundant confinement of many people who would not have committed a future crime.
Retribution is considered to be one of the most understood punishment theories. “Retribution is based on the concept of lex talionis (“an eye for an eye”) (Meyer & Grant, 2003). The theory of retribution is that offenders are punished to take away any advantages they might have gained from their illegal acts. Retribution does now acknowledge for punishment of innocent coalition or for the discipline of those who cannot be held responsible for their actions. For example, the mentally insane should not be punished for their actions in coherent to their mental illness. Crimes must be voluntary in order for someone to be punished for their acts. “Critics of retribution argue that “just deserts” is outdated, that as a civilized society, we have moved beyond the need for simple vengeance. And, punishing some people simply because they have done wrong does not address the underlying problem” (Meyer & Grant, 2003). Refusing necessary treatment from offenders is not the clarification to crime.
hear certain types of cases. Ordinarily, their jurisdiction is described by the age and behavior of the offender. The ages over which they have jurisdiction varies; in most states the maximum age is seventeen. It is said anyone who executes a crime after his or her...