Sentencing and Punishment Paper

Sentencing and Punishment Paper

Karen Peters

CJS/200

03-31-2013

Brenda Barney

Sentencing and Punishment Paper

There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms.

The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”.

The second is incapacitation, this sentencing is for the law abiding citizens and protects them from the criminals that may harm them and can also prevent an individual harming someone. In the ancient years amputation and mutilation of an individual’s extremities had been used for prevention on a person committing another crime, but modern day incapacitation thy separate the criminals from the communities, this reduces the future criminal activity. Restraint is the only thing that is...