Criminal Justice: The Five Goals Of Sentencing

Superior Essays
Retribution, incapacitation, deterrence, rehabilitation and restoration are the five major goals of sentencing. The essence of sentencing is supported by national consensus and penological justifications. Each objective commonly overlaps and successful outcomes include crime reduction, recidivism, and public safety.
The principle of retributive justice seeks to punish in proportion according to social attitudes of just deserts, compensation or accountability for criminal acts. Retributive models seek not to change criminal behavior, but remove offenders from the community for longer periods of time through harsher punishment (warren). A sentence of life without parole for a first-degree murder conviction is retribution.
Incapacitation limits crime commission through delayed confinements and does not induce law-abiding skill sets. It is preventative in nature and not a permanent solution to promote recidivism. The incarceration and later sentencing of Brian David Mitchell, again life without parole, illustrates preventative detention in relation to mental illness, criminogenic risk, and treatment modalities.
Deterrence, whether general or specific, emphasizes “the punishment of the criminal as an effective way of providing him with an incentive not to commit a
…show more content…
The legitimacy of corrections to appropriately administer the goal of sentencing demonstrates philosophical validity. Successes and failures are based upon collaboration to promote community justice considering criminal offending is social by nature. Prison is labeled a school of crime because very little, if any, prosocial characteristics, willful conformity, and societal law-abiding attachments are formed. The psychological impact of incarceration, trauma, mental illness and cognitive disability interrupt resiliency and increase antisocial behavioral

Related Documents

  • Superior Essays

    Up until the 1970s, policies regarding corrections were based on the principle of rehabilitation so that when prisoners were released they could successfully reintegrate into society. To increase the possibility for successful reintegration, prisoners were encouraged to amend their occupational skills and to receive treatment for any psychological issues they faced ranging from addiction and substance abuse to aggression. Since the 1970s, policy makers have shifted to a crime control model that has “cracked down on crime” and focuses on punishment as a form of prevention. This goal has been accomplished by lengthening prison sentences, mandatory minimum sentencing laws, and practically eliminating privileges in prisons with the No Frills Prison…

    • 1470 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Introduction The correction system in America is in many ways, deeply flawed. The ideology of prison is that it is created with the general purpose of making people better, morally and ethically, it was supposed to be the adult version of time out, take away someone’s freedom as a person for a while and hope that the same person would learn a lesson and change for the better. But in real life, people who get arrested for minor or not so major crimes gets locked up with the murderers and rapists. The convicted may not be such a bad person; he or she could have had a bad day and did some thoughtless regrettable things. But no matter who they were before they entered the correction system, they come out a totally different person, and in most…

    • 971 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    The goal of incapacitation, or using prison (or some type of imprisonment) as a way to remove more offenders (or potential offenders) off the streets, exists conjointly with the outlook and ideologies of the Crime Control Model. Those following the philosophies of this model cite that the best way to protect the community is to remove offenders from public interaction, so incapacitation would best serve the needs of both the offender and society. Society benefits from the lessened potential of an offender committing further crimes against the law abiding, and the offender must deal only with the restraints defined under his sentencing, and not further punishment (such as retribution). With the goal of incapacitation looming, it is easier to quickly and efficiently push offenders through and standardized criminal justice system without much thought for the outcomes for the individual. Citing the goal of incapacitation also provides more validity for the discretion of law enforcement officials, especially when making arrests or detaining parties.…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Sentencing can be defined as “the judicial determination of a legal sanction upon a person convicted of an offence. When discussing sentencing in Canada, it is important to mention section 718 of the Criminal Code of Canada. This section outlines the purpose and principles of sentencing. This section states that the fundamental purpose of sentencing… [Is] imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct; (b) to deter the offender and other person from committing offences; (c) to separate offender from society, where necessary (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or the community and; (f) to promote sense of responsibility in offenders, and acknowledgement of harm done to victims and to the…

    • 435 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Sociology Of Crime

    • 1011 Words
    • 5 Pages

    There have been research and interviews done with convicted offenders who have been identified as “moderate or high-risk” of recidivism, and through the interviews the individuals say that they would not commit further crime and through the help of rehabilitation and support workers they have managed to change their circumstances. From a retributive justice perspective, it would be unethical to base sentencing decisions on risk assessment because retributive practice argues that the level of punishment…

    • 1011 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In the United States, criminal activities and criminal arrest have become a recurring cycle of society. Our government is constantly passing new laws to accommodate for the growing plague of crime that occurring in our society almost always. Some crimes are more serious than others but all share a common denominator in the fact that there is a victim and a perpetrator. Some crimes may be person to person, and some may be person to society. The essence of each crime vary by cases to case bases, with the most serious offenders being found of causing physical damage to another person ( Murders, Assaulters, and sexual predators).…

    • 1354 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Criminal Justice Model

    • 1005 Words
    • 4 Pages

    Criminal justice model is “more centered on offense-relevant criteria rather than offender relevant criteria” (Kupchick 7). There is more emphasis on the theme of punishment in criminal court (Kupchick 9). “U.S criminal courts have relied increasingly on incarceration as a solution to the problem of crime” (Kupchick 9). These four main points are the main goals of the criminal justice model because punishment is important than rehabilitate the criminal. This has caused many issues for juveniles being transferred to adult court because they are punished with no chance to “change”.…

    • 1005 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Evidence Based Ethics

    • 1076 Words
    • 4 Pages

    Criminal Justice The field of Criminal Justice is an ever-changing discipline that has recently swelled in importance within the United States. This is most likely due in fact to our alarmingly high recidivism and incarceration rate, which is currently towering above the rest of the countries of the world. With a problem of such a magnitude comes a multiplitude of solutions, each of which have varied from decade to decade. Until recently however, these solutions were typically designed to disregard the individual in favor of a more unilateral, streamlined process, which attempted to alleviate the pressure on the bloated Criminal Justice System, at the cost of the individual.…

    • 1076 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Evidence Based Corrections

    • 1534 Words
    • 7 Pages

    Since the mid-1970s, America’s correctional system has emphasized getting tough on crime. The focus of crime control policies has centered on theories including retribution, deterrence, and incapacitation. However, evidence fails to concisely prove the effectiveness of these theories, leading many to reconsider the system’s approach to reducing recidivism. Evidence-based Corrections Evidence-based corrections are correctional policies, principles, interventions and treatments that are implemented because of their success during rigorous empirical testing, revealing that these techniques are likely to be effective in reducing recidivism (Cullen & Jonson, 2017).…

    • 1534 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    The sole purpose of prison is to punish criminals for crimes they have committed, protect citizens from crime, and rehabilitate those individuals to be honest, law-abiding citizens once they are released back into the public. Wilbert Rideau, author of “Why Prisons Don’t Work”, was in the Louisiana State Penitentiary and has first-hand experience with how the prison system works. Prison is the punishment, but the punishments within the prison are inhumane and ineffective. High re-offense rates show that the public is not being protected from criminals; nor, are they rehabilitating those individuals to be productive citizens. Prisons are harming the individuals inside of them more than helping, prisons do not work.…

    • 1170 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    There has been a widely talked about debate in the United States centering around the incarceration problem. The budget has been farmost the most talked issue including the quality of life for the inmates. Two theories have been specifically been discussed: rehabilitation and deterrence. Deterrence has been the leading theory for the twenty years, in the past decade some views have been shifted to rehabilitation. Evidence from the Department of Justice have backed these claims with shifting towards rehabilitation.…

    • 678 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Integrating these approaches into correctional facilities can improve them and meet the needs of both offenders and victims out in the community. Theoretical Practices for Restorative Justice, Crime Prevention,…

    • 1214 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    Furthermore, the Home Office research showed a small positive effect on recidivism. Zernova (2007) also argues that restorative reforms could produce various benefits for victims, offenders, their communities and society in general. With all of these factors working in favour for the restorative justice system, it is clear to see how this may transform public debate over crime and justice: this new way of punishment not only sees the offender being punished for their crime but also allows for the victim to benefit from the outcome as…

    • 1522 Words
    • 7 Pages
    • 18 Works Cited
    Great Essays
  • Great Essays

    (2011). Crime and Prisons: Beyond the rehabilitation and punishment debate. Retrieved from http://proutglobe.org/2011/05/crime-and-prisons-beyond-the-rehabilitation-and-punishment-debate/ Lipsey, M.W. & Cullen, F. T. (2007, December). The Effectiveness of Correctional Rehabilitation: A Review of Systematic Reviews. Retrieved from Annual Review of Law and Social Science website: http://www.annualreviews.org/doi/full/10.1146/annurev.lawsocsci.3.081806.112833 Miceli, V. (2009, May).…

    • 1674 Words
    • 7 Pages
    Great Essays