Punishment and Sentencing 1

The Effects of Punishment and Sentencing

Pamela Glover

Axia College of University of Phoenix

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Sentencing plays an integral role in the criminal justice system and how it affects our society

in many ways. The principle of sentencing is surrounded by basic philosophies that interlock

with the willpower of each human being that is condemned for a crime. Capital punishment is a

particular sentence that has caused much debate among members of society.

There are four basic truth-seeking reasons for sentencing which are incapacitation,

deterrence, retribution and rehabilitation. Retribution is the philosophy that an individual

dishonored a lay or rule and must be chastise. Retribution is a discipline that is used fairly equal

to that of the offense in order to look after society as a whole. Deterrence is a punishment to put

off future crimes. It is classified as general and sometimes as specific. General deterrence will

chastise one person in order to deter other citizens from committing the same crime. Specific

deterrence take for granted that punishing someone for a particular crime will maintain them

from committing the same crime again out of terror of being chastised again. Incapacitation

punishment theorizes that an individual who commits a crime should be alienated from the rest

of the general public. Rehabilitation states that certain people do not commit crimes because they

are criminals but for the reason that of the surrounding and should, therefore, can be cured of

their criminal tenancies. These are the main forms of sentencing and there are many factors that

go into the determination of how each criminal act will be punished.

Public opinion, legislatures, judicial authority, and administrative sentencing all gear the

determining process. Since we are a democracy the general public can vote on certain laws as

well as serve on a jury in order to help the sentencing process. The legislative sentencing

authority branches off into 3 sections that pass criminal codes and determine the length of time

that a criminal will be sentenced to. First there is indeterminate sentencing which states a
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minimum amount of time as well as a maximum amount of time that a prisoner can be

incarcerated. Once the prisoner serves the minimum amount of time then they are eligible for

parole. If a parole board will then determine if the prisoner will be set free with stipulations.

Next is the determinant sentence which is a fixed sentencing. If it the law states that the criminal

must spend a fixed amount of time in jail then the judge must order it. If the law states that a

rapist must spend 20 years in jail, the judge has to sentence the individual to 20 years minus time

off for good behavior. The third branch of legislative sentencing is the truth in sentencing laws.

For many reasons prisoners will have time taken off their sentence for good behavior. This is

particularly disturbing for inmates that are in prison for very serious crimes. The truth in

sentencing laws were designed to make sure that criminals that have committed serious crimes,

such as murder, will have to serve at least eighty-five percent of the time that they were

sentenced to. The judicial sentencing authority is allowing a judge to determine the sentencing of

a criminal and the administrative sentencing authority allows experts in human behavior

determine if a person is rehabilitated.

The actual sentencing process is determined by many different factors. The seriousness of

a crime, mitigating and aggravating circumstances, and judicial philosophy all play a major role

in how a person is sentenced. The more serious a crime is, the more serious the punishment will

be. If a crime is committed and there are circumstances that are outside “the norm” this will also

effect the ruling. Also, judicial philosophy allows different judges to hand down rulings based on

their own personal beliefs regarding the crime committed.

Capital punishment is a sentence that has invoked a lot of controversy. Capital

punishment is “reserved normally for those who commit first degree murder under aggravated
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circumstances, capital punishment, or the death penalty, is a sentencing option in thirty-eight

states and in federal courts.” (Criminal Courts, 2008). Some advocates believe that capital

punishment gives birth to more crime because the death penalty can be viewed as revenge which

will, in turn, teach people in America that it is okay to take revenge on someone that “does them

wrong”. Other advocates believe that capital punishment works as a deterrent to show others that

if the commit these crimes that they will be punished in the same unwanted manner. It is very

hard to decide which rationale is correct because they both hold validity. The advocates that

believe that it teaches more violence are correct because there are people in the world that

“follow the leader” and mimic what they see. Then there are other people that realize that they

cannot take the law into their own hands by punishing another person that “does them wrong”.

The advocates that believe that capital punishment works as a deterrent are also correct because

it does leave a lasting impression in the minds of the majority of the people that witness or hear

of an execution. These debates influence the decisions for punishment as a whole by proving that

this type of punishment does not capture the majority of the peoples' vote as a correct form of

punishment. It also becomes clear that these debate can also coincide with other punishments

that are handed down to criminals. Capital punishment is the most severe punishment but these

debates can also be used to recognize that lesser punishments can also fit into the same debates.

Sentencing effects society in so many ways because it is based on many factors that can effect

even the best of families. The act of sentencing a person for a crime is broken down into so many

factors that will determine the fate of a persons life. Many different philosophies play into the

determination of the sentencing process and under heavy debate by many different advocates.

Capital punishment has come up against the most scrutiny due to the irreversible effects of this
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punishment. The entire sentencing process is in place to protect society as a whole and until the

day there is no more crime, there will never be a perfect answer as to how to punish the members

of society that decide to break the law.

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References

Axia College of University of Phoenix. (2007). Punishment and Sentencing.

Retrieved September, 2008, from Axia College, Week Five reading,

aXcess, CJS200—Foundations of the Criminal Justice System Course

Web site.

Gaffney, Robert (2009). Probation and the Criminal Courts. Retrieved February 8, 2009 from

http://www.co.suffolk.ny.us/Probation/ProbationandtheCriminalCourts.pdf