The Effect of Sentencing Essay Example | Topics and Well Written Essays - 1000 words

The Effect of Sentencing - Essay ExampleThe Benefits, Drawbacks, and Deterrence Effects of Various Forms of Sentencing in the twist Justice System Sentencing is the product of a long process of bringing individuals to justice for their crimes and, as a result, it plays a crucial role in de edgeining whether a fell justice system is in(predicate) in achieving its purpose. If individuals are sentenced too harshly, according to rules that are too rigid, then the justice system has failed to lie in up to its promise of equitably distri simplying justice in society. If individuals are sentenced too laxly, according to rules that are not rigid enough, then the justice system can neither achieve retribution against offenders for their crimes against others nor achieve a deterrent effect to prevent further crime. The deterrent effect of sentencing is particularly important because criminals recognize the proportional weight that prosecutors and judges place on certain crimes under certa in circumstances in cases in which a criminal knows sentencing will be comfortable, a crime is more likely to occur. Therefore, it is important for the criminal justice system to achieve a mean between too harsh and too soft in how crime in general is sentenced. Part of determining how to achieve this mean is by delimitate the kind of sentencing that ought to be practiced most often, with the major choices being in classical, determinate, and mandatory sentencing. Indeterminate sentencing denotes a term of incarceration that does not state a specific period of time or release date, but just a range of time. For instance, the imposition of five-to-ten years is an indeterminate sentence. Indeterminate sentencing is a perspective in criminal law closely tied to the rehabilitative perspectivethe idea that prison should be an legal instrument for correcting and improving the behavior of inmates. According to OHear (2011), this perspective fell from favor in the seventies and in the ye ars that followed, many states pared back their investment in indeterminate sentencing practices where release dates were determined by a parole board years after the initial conviction. Besides the drawback of being linked to an primitive theory of justice, indeterminate sentencing has the benefit of taking into account behavior while in prison as justification for expediting or delaying ones release into society. Determinate sentencing, which is the imposition of a sentence that includes a fix or minimum period as specified by a statute. Determinate sentencing put forwards less(prenominal) flexibility than indeterminate sentencing, which is neither a benefit nor a drawback. However, one clear weakness with determinate sentencing is that situational factors do not enter easily into the equation. In Lockyer v. Andrade (2003), a form of determinate sentencing known as the three-strike law in California was challenged based on the Eighth Amendments prohibition of cruel and differen t punishment. The essence of the law is that a heavy sentence is required for individuals convicted of a third felony, which is thought to provide a strong deterrent effect after the second felony conviction. However, the nature of the three felonies could be as wide ranging as drug trafficking to shoplifting. Therefore, even if three felonies are relatively minor crimes, determinate senten