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Five Sentencing Goals It has long been recognized that there are five distinct goals when sentencing a person convicted of a crime. Ideally, the judge considers the facts of a case then renders a judgment which reflects some of all of these 5 goals.
By C J Oakes At every level of the criminal justice system it seems that law-makers have bound the hands of those who can make the biggest difference.
Mandatory minimums, three strikes laws, and similar structures often limit the judiciary in rendering reasonable judgments. These laws also raise the stakes for police, who must apprehend repeat offenders intent on avoiding capture. Prison officials are at the mercy of rules and regulations which provide guidelines which often fail to account for these goals; this forces many in corrections to cut corners, violating rights while decreasing the security of the facility.
Wikipedia Throughout history, rulers and judges have seen that not every situation is the same. Not all are really equal in the eyes of the law, much as we would like to believe otherwise.
Disparities in sentencing well-demonstrate this fact. For this reason, although there are five sentencing goals which must be considered when rendering a judgment and confining someone to prison, these are not always applied as they should. This is one of the problems facing our criminal justice system today.
In any case, two key elements of every alleged crime are or should be considered. These are known as the Mens rea and Actus reus. These two Latin expressions mean simply, the mental state Mens rea and the actual conduct Actus reus of the crime in question. In other words, for a crime to have occurred, the action must align with the motive.
For instance, if a man kills another man who is burglarizing his home, in most states the killing is considered justified. Especially so is the killing justified if the burglar has a weapon, more so if the burglar attacks the homeowner.
Thus, there is no crime again, in most states…some states do count the killing a crime. In most states, the prosecutor would simply drop the matter and not prosecute.
In the eyes of the state, no crime was committed. This example permits us to see that the justice system has tools in place to consider the elements of a crime so as to determine the wisest course to follow.
Likewise, when the matter is taken to the court, the judiciary has in many cases the ability to consider what course would be best to follow for each defendant if found guilty.
These are the sentencing goals of any case: Restoration seeks to help the victim be restored in mind and spirit. The goal of sentencing in this case would be to sentence the guilty in such a way that the victim feels a sense of relief and can move forward with life.
An example of this would be to convict a rapist for a long duration of time such that the victim can recover from the crimefeeling some measure of safety. Another example would be to rule in favor of community service in certain offenses so that any victims including the community would benefit.
When rehabilitation is the goal, a judge chooses the best avenue for the convicted. The Juvenile Justice system was structured largely to provide for such sentencing goals.
Deterrence has come under fire in recent years because research has shown it to have little, if any, effect on future crime. Still, the goal of this type of sentence is to send a message to other potential law-breakers. The worse the crimethe tougher the penalty which is administered with the reasoning that others may think twice about committing the same crime.
The idea is sound, but the evidence does not appear to bear witness that the goal is effective. This is also one of the most argued reasons for sentencing. Few can argue, however, that some criminals simply need to be eliminated from society, often permanently.
Incapacitation does just that—it removes criminals from the streets so that they can no longer commit crimes. In fact, most who argue against the death penalty argue in favor of Incapacitation as an alternative.
Life without parole is one such. Incapacitation is also the purpose behind three-strikes and mandatory minimum legislation.In consideration of these questions and with a view to building a new form of corrections which will better align with the entire criminal justice system, let us no return to the five sentencing goals.
The historical changes in sentencing and corrections policies and practices can be characterized, in part, by the emphasis on different goals.
Four major goals are usually attributed to the sentencing process. It has long been recognized that there are five distinct goals when sentencing a person convicted of a crime. Ideally, the judge considers the facts of a case then renders a . Five goals in sentencing; Punishment is one of the goals to sentencing.
It is the infliction of pain upon someone and is considered retribution for criminals who commit crimes. Society uses punishment to keep criminals from being repeat offenders and therefore I believe it is a favorable from of sentencing.
PHILOSOPHIES OF PUNISHMENT Punishment serves numerous social-control functions, but it is usually jus-tiﬁed on the principles of retribution, incapacitation, deterrence, rehabilita- was the primary basis for criminal sentencing practices in much of Western Europe in the nineteenth century.
This principle of punishment was subse-. List the five sentencing goals of corrections, and discuss each goal's characteristics and contributions to corrections effectiveness.
Which sentencing goal do you feel is the most effective, and.