Deterrence is basically the government putting fear of punishment into an individual so they never commit another crime again. Taking small time criminals and locking them up for maybe a few weeks is enough to scare them from committing another crime that could be a severe issue. Using someone as a pillar could be very useful to a community that could be high in petty crime.
Retribution is more for the judge and or the jury with wanting to punish an individual for their Crimes. Retribution is making the individual feel guilty while giving them the punishment that the crime desires. Judge and or Jury uses retribution to justify the actions of and individual by making them suffer from their actions and punishing them
Incapacitation is where the individual is kept separate from society to protect society and its people from someone dangerous. Incapacitation is used for Jails and Prisons with either a minimum or lengthy sentences. When an offender commits a crime that could danger someone it’s better to keep them away from society. The whole purpose of incapacitation is to punish and offender for violating the common laws used in our criminal justice system. Incapacitation is different from the rest of the 4 pillars because it actually incarcerates and places a range of sentences upon the offender for their crimes.
Rehabilitation is usually the most important in my eyes because it is used to help the offender recover and change their lives. Rehabilitation can help a drug offender become a doctor because they have the tools now to cope and handle any problems that come along to avoid any addiction.
A property crime could definitely be a determinate sentencing because it’s the most common and basic type of sentencing. Properly crimes are crimes but it’s not as hard as the rest.
Drug crimes could be Indeterminate because depending on how many times someone has been locked up off drug charges the judge could place a minimum or maximum sentencing example could be any where from 5-10 years instead of giving a fixed sentencing.
Violent crimes would definitely be presumptive sentencing because depending on how serious the violent crime act was. If the crime was murder them at offender would be charged for the murder and how hineous the crime was.
Most individuals especially Christians have an issue with the death penalty because of inhumanity and possible wrongful execution. These would cause real issues with the death penalty and even come close to possibly violating human rights.
Arguments for death penalty could include a sense of retribution for the offender for what they have committed in the past and to no longer be in this life. Death penalty could reduce additional crime rights because No more crimes could be committed after death
Maes, E. (2022). Offender agency in a state-centred sentencing process: In search of an agentic sentencing model. Criminal Law and Philosophy, 16(3), 575-609. https://doi.org/10.1007/s11572-021-09578-5Links to an external site.
McKean, J. (2019, ). Abolish the death penalty?: Readers argue pro and con, citing ted bundy, an opinion by harry blackmun and catholicism. The New York Times
Deterrence is basically the government putting fear of punishment into an indivi
June 16, 2024