122 CHAPTER TWELVE PUNISHMENT AND SENTENCING Learning Objectives After completing this chapter students will 1 Describe the goals of punishment 2 Identify the types of sentences that judges can impose 3 Discuss what really happens in sentencing 4 Analyze whether the system treats wrongdoers equally Lesson Plan I The Goals of Punishment Learning Objective 1 Describe the goals of punishment Criminal punishment is aimed at maintaining the social order of society based upon the current values of the American system during the given timeframe Historically punishment has been the dominant value Currently there is an outcry to restorative justice which is considered the fifth goal of sanctions A Retribution Deserved Punishment Retribution is often referred to in biblical terms as an eye for an eye The belief with retribution is that when a particular crime is committed the offender of the crime should be punished in direct proportion to the gravity of the offense committed Retribution is the debt the offender pay back It is his her deserved punishment If the state does not come in and provide punishment then human nation will call for social chaos and taking the law into their own hands Retribution has sparked new interest since the failure of rehabilitation in the 1970s B Deterrence Deterrence was coined by Jeremy Bentham in eighteenth century England Bentham noted that the theory of utilitarianism where individuals determine the weight of committing a crime to the likelihood of getting caught would have a great impact on how to deter a criminal oThe legislative body will specify a range of time into which most cases should fall within oOnly in special circumstances will the judge deviate from the defined terms oMost often the defendant will know prior to sentencing what he she will be sentenced with 3 Mandatory Sentences oMany American have grown frustrated with offenders gaining release before they have served their entire sentence othe federal government have incorporated mandatory sentences which stipulate a minimum time period that the offender must serve oJudges are not allowed to consider circumstances when the sentence is formulated oMandatory sentences are most frequently used for violent criminals oThree strikes and you are out laws are a perfect example of such sentences oThree strikes force those individuals who are found guilty of their third violation to spend a lengthy time incarcerated oWhat has occurred with such sentencing is that the prison population has increased substantially filled with nonviolent offenders oMandatory sentencing was used frequently in the 1980s for drug violators oThey are applied most frequently to African American drug offenders 4 The Sentence versus Actual Time Served oSentences that are awarded frequently do not translate into actual time served oOffenders can have their sentences reduced by earning good time for good behavior or participating in various programs oGood time provides incentives for inmates to abide by rules
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