RESPOND 1
The five sentencing philosophies include, retribution, deterrence, rehabilitation, incapacitation and restoration (Neubauer, 2015). The five philosophies have different aspects to them that are both punishment for past behavior and correction for future behavior.
Retribution focuses on past behavior and the seriousness of the crime committed (Neubauer, 2015). Retribution seems to be the idea of “an eye for an eye”. “Because the victim suffered, the criminal should suffer as well” (Neubauer, 2015).
Deterrence is to prevent future crime from happening. However, it is not to punish the given wrongdoer; rather it seeks to prevent other potential offenders from committing crimes. So if a person sees someone else get punished for a robbery, they could decide that the punishment is not worth it for them to commit the robbery which would mean deterrence worked.
Rehabilitation helps criminals gain a constructive place in society with treatments, correctional facilities or programs (Neubauer, 2015). A lot of our system is based around rehabilitation currently as we try to rehabilitate people for minor offenses or ongoing offenses. If a person gets a DUI they have to pay some fines, and in Arizona few nights in jail. If it is a consistent thing, the court may order the person start AA counseling, UA’s and a breathalyzer.
Incapacitation is the idea that crime is prevented “if criminals are physically restrained” (Neubauer, 2015). While incapacitation is straight forward it lacks limitations such as how long a sentencing should be (Neubauer, 2015). This type of philosophy can also cause a much higher number of people in our system that tax dollars are paying for.
The final philosophy is restorative justice which is similar to rehabilitation. Restorative justice seeks to provide healing for the victims unlike rehabilitation.
Each branch of government plays a role in influencing the criminal sentencing process. Legislation, prescribed maximum sentence throughout the 20th century (Neubauer, 2015). “The judicial branch had primary authority over who went to prison” (Neubauer, 2015). An agency of the executive branch known as the parole board controlled the length of the prison term (Neubauer, 2015).
Currently, legislature specify terms of imprisonment with indeterminate sentences or determinate sentences. Indeterminate sentences have a minimum and maximum amount of time served in prison with parole. Once the offender is out on parole they can begin their rehabilitation process. Determinate sentences are fixed sentences that set a number of years for specific crimes committed.
“Sentences imposed by judges are typically carried out by officials of the executive branch” (Neubauer, 2015). A lot of factors can determine how long someone can stay in prison for other than just their given sentence; such as, decisions made by governors, parole boards and departments of corrections (Neubauer, 2015).
While the judge has authority in the courtroom, they do not have much discretion when it comes to imposing sentencings. They “must choose among the sentencing options provided by the legislature (Neubauer, 2015). Judges must look at the criminals themselves, the crimes committed and make a decision based on the evidence given from prosecution and defense.
RESPOND 2
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