- Published: January 4, 2022
- Updated: January 4, 2022
- University / College: Ulster University
- Level: Undergraduate
- Language: English
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Sentencing Philosophies Retribution Philosophy Purpose Although it is not similar to revenge, the main purpose behind the retribution philosophy is ensuring that all crime offenders receive punishment that is equal to the crime that they committed (Carlsmith 437). For instance, if accused of crimes such as robbery with violence, as punishment for the heinous act, a person’s sentence is normally imprisonment for a certain period as stated ruled by the magistrate.
Its establishment
The philosophy was established after nations came together to discuss on the most appropriate way to tackle the ever increasing acts of crime and terrorism not only in the US but also in the world at large.
Strengths or weaknesses
The philosophy has played a huge role in minimizing the level of crime throughout the world. This is due to strict laws on those caught taking part in crime. The philosophy has also experienced a lot of criticism whereby many people claim there is a lot of biasness in the ruling of sentences (Carlsmith 437).
Goal
The main objective of the study is ensuring that there is gradual decline on the level of crime both locally and internationally. This is because through establishment of retribution philosophy, there is a decline in the rate of crime since most people are afraid of the harsh punishments that arrested criminals receive.
Deterrence Philosophy
Purpose
The deterrence philosophy prevents criminals from indulging in crime again. This is normally after they have received severe punishment for a crime they committed in the past (Caersmith 438). Apart from deterring them from ever indulging in such crimes a gain, the philosophy also prevents other criminals from participating in crime since they would not wish to experience such punishments, which are normally severe.
Its establishment
The philosophy was established after nations realized that some people normally go back to their past criminal activities after completing their sentence. This is when nations unanimously came up with the idea of imposing harsh punishments on those that will be caught breaking the law (Carlsmith 438).
Strengths or weaknesses
The deterrence philosophy has resulted to a decline in the level of past criminals returning to crime after completing their sentence. Unfortunately, some of the punishments imposed on the criminals are normally harsh to the extent that the person never recovers from the trauma even after leaving the correction center (Carlsmith 439).
Goal
The main goal behind the deterrence philosophy is prevent the number of people taking part in criminal activities. This is because the philosophy principles are so strict and harsh to the extent that nobody wishes to be caught breaking the law (Carlsmith 439).
Rehabilitation Philosophy
Purpose
The purpose behind this philosophy is ensuring that crime offenders, while in prison, receive proper skills and training that help them become responsible persons once they are they are through with their punishment (Maki & Tarvydas 3).
Its establishment
The philosophy was established realization that most of the people leaving correction centers normally have a difficult time re-establishing themselves and it is because of this that nations came up with programs that arrested criminals have to go through in order to leave the center mush better than how they came (Maki & Tarvydas 3).
Strengths or weaknesses
The philosophy has played a huge role in training former criminals in responsible persons in the society. This is because through the philosophy, the former criminals leave correctional facilities with skills that enable them to merge easily with the society (Maki & Tarvydas 35).
Goal
The main goal behind rehabilitation philosophy is ensuring that criminals leave correction facilities much better that the way they came. This is made possible because while still serving their punishments. For instance, persons arrested for consuming illegal drugs normally undergo rehabilitation lessons in order to prevent them from indulging in drug consumption once they complete their sentence (Maki & Tarvydas 53).
Incapacitation
This term simply means a situation whereby an individual is not able to move around, maybe because of imprisonment or paralysis among others. For instance, a person who is imprisoned is incapacitated from mingling freely with the public (White and Graham, 26). Some of the facts about this philosophy include;
Purpose
The purpose of this philosophy is to try preventing occurrences of future crimes through denying an individual the aptitude to do such a crime, but not through rehabilitative ideal. In other words, its main aim is to prevent prolific offenders from re-harming the society.
Its establishment
This philosophy was first established in the early years of 20th century; however, people started having interest in it in the mid 1970s (White and Graham, 26).
Strengths or Weaknesses
The main strength of this philosophy is that its policies help in the prevention of crime since the imprisoned offenders lack the opportunity of committing crime. However, its weakness is that the offenders are not in any way rehabilitated, therefore there are high chances that they can do the crime again if they escape.
Goal
The goal of this philosophy is to prevent prolific or most dangerous offenders from re-harming or re-offending the society.
Restoration (Restorative Justice)
This philosophy emphasizes on the need to fix a harm caused by crime. When the society, victims and offenders, meet to decide how to repair the crime, the results may be transformational (White and Graham, 28). Some of the facts about this philosophy include;
Purpose
Its core intention is to dedicate extra preliminary attention to what the victim needs.
Its establishment
It was established in the early 1990s and has increasingly been influential as an alternative to practices of criminal justice (White and Graham, 28).
Strengths or Weaknesses
The main strength of this philosophy is that its outlook on criminal acts is very comprehensive; apart from recognizing crime as lawbreaking, it also recognizes that harm caused to victims by offenders, the society and even the victims themselves. However, its weakness is that it does not ensure that no re-harm inflicted onto the victim or society.
Goal
The goal of this philosophy is to ensure that victims are assisted, the community is restored and offenders pay for their crime.
Work Cited
Carlsmith, Kelvin, M. The Roles Of Retribution And Utility In Determining Punishment. 2005. Web. 17 April 2014. < http://citeseerx. ist. psu. edu/viewdoc/download? doi= 10. 1. 1. 189. 2328&rep= rep1&type= p> Maki, Dennis R. & Vilia M. Tarvydas. The Professional Practice of Rehabilitation Counseling. New York: Springer Pub, 2012. Print.
White Rob and Graham Hannah. Working With Offenders: A Guide to Concepts and Practices. Burlington, Mass: Jones & Bartlett Learning, 2013. Print.