Goals of Sentencing - Term Paper Example

Analysis and Application: Sentencing Sentences are those punishments that are imposed on convicted defendants. Anyone who breaks the law is liable for a sentence whose severity is equal to the severity of the offence committed (Champion, 2008). The overall goal of sentencing law offenders is to make the society a better place to live in. the types of sentences defer depending on the type of crime committed (Ashworth, 2010). It is the responsibility of the trier, or judge, to determine what type of punishment is good enough for a certain level of crime. There are sentencing guidelines which are used in the sentencing process. The guidelines are used as a basis for choosing the right kind of sentence after proper consideration of all aspects of the case, including reliable evidence (Adams, 2010). These sentencing guidelines have certain implications which oftentimes compliment the goals of sentencing. There are also sentencing constitutional considerations which come into play in many court proceedings. The interplay between sentencing guidelines and constitutional requirements and rights is important in the eventual outcome of a court case (Champion, 2008). Goals of Sentencing Some of the general goals for sentencing include: retribution, restoration, general deterrence, specific deterrence, incapacitation and rehabilitation. Retribution is issued as a form of punishment for going against societal legal requirements. It is issued when there is a definite need for vengeance. General deterrence is supposed to deter would be offenders from carrying out criminal activities by punishing those who have already offended. Specific deterrence on the other hand, is supposed to discourage former offenders from offending again (Siegel, 2010). Restorative goals of sentencing have to do with the aspect of crime control through communities. In this case, restoration looks at the welfare of the community, crime victims and the offenders themselves. Incapacitation renders the offender unable to commit more crime. This goal seeks to offer protection to society from offenders who are likely to do them harm. Rehabilitation brings about intervention-assisted behavioral changes in the offender such that they choose to refrain from engaging in criminal activities (Cole and Smith, 2007). Types of Sentences Incarcerations Incarcerations are sentences that are issued in terms of jail terms or prison terms. Jail terms are normally shorter than prison terms. Most jails are run and operated at the county level. Those individuals who are likely to spend time in jail include: defendants who have not yet being convicted, defendants who are unable to meet bail requirements, felons who have violated their probation terms and convicted misdemeanants. Prisons are facilities for people who are required to serve longer term sentences. Majority of prison inmates are felons or convicts who must serve sentences of more than one year. Many prisons are run by the state or federal government (Stith and Cabranes, 1998). Probation This is the kind of sentence that is issued for petty offences such as: non-violent offender, first-time petty offenders and offenders who show willingness to make restitution for their crimes (Siegel, 2010). Probation is the most commonly issued sentence in the country. A probation sentence requires the offender to adhere to all conditions pertaining to the probation. This includes obeying laws, reporting to specified probation officers, not travelling outside of the area of restriction, paying fines and avoiding certain company and places. A violation of any one of the probation conditions can lead to the offender receiving a much more severe sentence such as incarceration. Probation officers are tasked with the responsibility of finding appropriate services in the community to with which offenders on probation can keep busy with (Adams, 2010). Death Penalty There are some offenders who commit such severe offences that the only sentence worthy of such crimes is imposition of the death penalty. This sentence is normally a reserve for those offenders who commit first degree murder. Many states in the U.S have done away with this sentence as it appears too harsh and containing a number of ethical implications. However, there are a few that still impose the death penalty to certain criminals (Ashworth, 2010). There are other forms of sentences such as the maximum and minimum sentence, suspended sentence, concurrent sentence, consecutive sentence and life sentence. The life sentence is normally mostly used in the place of a death sentence. It is issued for a very serious criminal offence and it requires that the defendant spend the rest of his life in prison. A maximum sentence represents the upper limit of a sentence while the minimum sentence refers to the lower end of a sentence. A suspended sentence means the postmen of a sentence pronouncement after conviction (Lippman, 2010). The Impact of Sentencing Guidelines Sentencing guidelines offer a framework for judges and legislators to determine the proper sentence for persons who have committed certain crimes. Under no circumstances can judges at the state or even the federal level go against sentencing guidelines, unless there are mitigating factors not covered in the guidelines. Any deviation from sentencing guidelines must be justified by the presiding judge in writing (Siegel, 2009). Guidelines provide for opportunities to minimize sentencing disparities and also provide a basis for making sure that rationality is followed during sentencing. Sentencing guidelines are also beneficial in that they offer a chance to avoid congestion in prison facilities. Sentencing guidelines have different impacts depending on the severity of the sentence and its goal. However in many cases, the guidelines have led to increase in prison population in many states (Stith and Cabranes, 1998). There are two types of sentencing guidelines: presumptive and voluntary. Voluntary guidelines are normally developed by committees comprising of a number of judges since the guidelines themselves lack enforcement mechanisms (US Department of Justice, 1996). Presumptive guidelines on the other hand are created by sentencing committees. Presumptive guidelines have been evidenced to reduce ethnic and racial sentencing differences resulting in uniformity and proportionality (Cole and Smith, 2007). Constitutional Rights in Criminal Sentencing. The Supreme Court provides a number of constitutional requirements that should all be applicable during the sentencing stage. One of these constitutional requirements is the right to counsel. This is a right provided for in the Sixth Amendment and it entitles every defendant in American courts the right to have a legal representative (Siegel, 2009). In case the defendant cannot afford an attorney, it is the responsibility of the state to provide one for him. The work of the legal representative at this juncture is to offer responses to adverse information regarding the charges against the defendant and to present evidence on behalf of the defendant (Ryberg, 2004). The Fifth Amendment gives the defendant privilege against self incrimination. The Supreme Court has for a long time argued against imposing improper penalties on a defendant for invoking this privilege which is provided for in the Fifth Amendment. This is to say that the defendant has a right against forced self incrimination and the judge cannot use the fact that the defendant invoked this privilege as a factor in issuing a sentence (Ashworth, 2010). Another right of the defendant being charged in a court of law is evidentiary reliability. A criminal sentence should be based upon evidence that is as reliable as possible. Though there is no scope as to the level at which evidence is considered reliable, the defendant has a right to be tried on the basis of concrete evidence. The evidence produced against the defendant must be relevant to the case and must lead to a just conclusion of the case (Lippman, 2010). The Impact of Sentencing Guidelines and Constitutional Rights and Considerations Sentencing guidelines are, both voluntary and presumptive, are enforced with the rights of the offender in mind (US Department of Justice, 1996). For instance, the guidelines cannot be enforced in a court hearing if the defendant does not have access to legal representation. The provisions of the constitution are superior to sentencing guidelines and no citizen of the United States is supposed to undergo sentencing while his sentencing rights are not being observed. The sentencing guidelines together with its constitutional considerations compliment each other in ensuring that justice prevails in any court proceedings (Ryberg, 2004). References Adams, A. 2010. Basic administrative law for paralegals. New York: Aspen Publishers. Ashworth, A. 2010. Sentencing and criminal justice. New York: Cambridge University Press Champion, D.J. 2008. Sentencing: A reference handbook. Santa Barbara, CA: ABC-CLIO, Inc. Cole, G. and Smith, C. 2007. The American system of criminal justice. Belmont, CA: Thomson Wadsworth. Ryberg, J. 2004. The ethics of proportionate punishment: a critical investigation. Norwell, MA: Kluwer Academic Publishers. Siegel, L.J. 2009. The essentials of criminal justice. Belmont, CA: Wadsworth . Siegel, L.J. 2010. Introduction to criminal Justice. Belmont, CA: Wadsworth. Lippman, M.R. 2010. Contemporary criminal law: Concepts, Cases and controversies. Thousand Oaks, CA: Sage. Stith, K. and Cabranes, J.A. 1998. Fear of judging: Sentencing guidelines in the federal courts. Chicago, IL: University of Chicago Press U.S. Department of Justice. 1996. Key legislative issues: The impact of sentencing guidelines. Retrieved April 05 from: http://www.ncjrs.gov/txtfiles/sentguid.txt Read More