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Crj 301 - Criminal Sentencing

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Criminal Sentencing 1

Criminal Sentencing

Marqus L. Harris


Gary Naylor

August 29, 2011

Criminal Sentencing 2

Sentencing is a very important part of the process in the criminal justice field. Punishment is what the accused receive when they are proven guilty of a crime. Punishment can be from jail time, probation, and even the death penalty. In America criminal justice is an important part that we need to uphold the laws of the United States. America's criminal justice system has many parts in which are dedicated to process all crimes. Sentencing for crimes committed of those who have been proven guilty in a court of law is an integral part of the system. The fundamental philosophies surrounding the main purpose of sentencing are totally different and complex. There are many people who believe that the main focus and purpose of sentencing the guilty will somehow give justice to society. On the other side there are some who feels if a person does the crime they should do the time. There are four main reasons that society believes in when the accused are sentenced. The reasons many look at are incapacitation, deterrence, retribution, and rehabilitation. In my own words retribution is just getting even with perpetrator in a way of speaking and retribution assumes that the offenders willfully chose to commit similar acts again and should receive the punishment they deserve. "There are those who feel deterrence and treatment never works and some feel the always do" (Walker, 1991). Looking at another reason involves the belief of deterrence which society believes that by creating sentencing standards for different crimes will prevent others from committing crimes more than once. Furthermore, society believes that the incapacitations of those found guilty of certain crimes are to be sent away and isolated from society for the hope of changing the person.

Criminal Sentencing 3

Even if society believes in the last reason and that is rehabilitation. Rehabilitation is a form of starting off new with a person in order to assess and educate to allow the possible release back in the free world with the high hopes that the person can start over and live by the laws of the land. Each sentencing has its own limitations as well as in connection with the philosophies on how society influences them. Defendants who reach the sentencing stage of the criminal proceedings are those who has not yet completed or escaped the correctional filter. They either pled guilty to or been found guilty of a crime in a jury or bench trial. The court must decide how to dispose of them. To make a sentencing decisions is often the most complicated and difficult task for the sentencing judge. The judge holds the role of distributing the maximum and minimum sentence to the guilty. With the factors of sentencing that goes into the determination of each specific sentence have been all taken into vast consideration. The legislation of this country sets a standard for state level legislatures to compile penal codes which enact



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