Five Sentencing Goals
Deterrence is most appropriate sentencing goal to act as guide for sentencing decision. The aim of deterrence sentencing is to use punishment to convince people that it does not pay to commit a crime. It is the best criterion to base decisions on because apart from providing justice for individual, it also focuses on reducing levels of crime. This achieved by preventing consequences that will hinder the offender from committing the same crime again (specific deterrence) and by discouraging others from committing similar crimes (general deterrence) (Schmalleger, 2011). Laws should not be just about punishing the offenders but should also focus on preventing the crime.
Though other goals such as incapacitation and rehabilitation also aim at preventing crime deterrent is more effective. This because has effect both on the offender and others who are thinking of committing similar crimes. Deterrent punishment will serve to encourage the offender to reform as well as discourage other people from participating in similar criminal activities thereby protecting the society more effectively. Dezhbakhsh, Rubin & Shepherd (2005) found out in their study that capital punishment has a big deterrent effect.
According to their study 1 capital sentencing results in 18 fewer murders. Katz, Levitt, & Shustorovich (2003) also conducted a similar study that aimed at investigating the effectiveness of prison conditions and capital punishment in deterring crime. Katz, Levitt, & Shustorovich (2003) used state prison panel data for the purpose of this study. Their results of the study indicated that adverse prison conditions are negative correlated to crime rates and therefore have a deterrence effect.
Response: Brandi Hamlette
Rehabilitation is an important goal when making sentencing decisions. However, rehabilitation will be a slow and reactive process of responding to crime as the system will have to wait for people to commit crime so as they can be rehabilitated. It sometimes become difficult to rehabilitate individuals from their criminal ways especially nature of the prison and prime causes of crime. In most cases prison act to toughen prisoners rather than helping them reform. Many scholars have advance the school of thought that prison is a school of crime rather a reform institution.
Anne Enggasser
It is true that all the sentencing goals are important when making sentencing decisions. The justice system should serve to provide justices to the offended, protect the society by incapacitating offenders and deterring crime and addressing the damages of the crime to the society. Observing this five goals will contribute to the an all rounded justice process.
References
Dezhbakhsh, Rubin & Shepherd (2005). Does Capital Purnishment have a Deterrent Effect? New Evidence from Post-Moratorium Panel Data. Law and Economics association. May 9, 2011. http://www.cjlf.org/deathpenalty/DezRubShepDeterFinal.pdf
Schmalleger, F. S. (2011). CRJ100: Criminal justice today: An introductory text for the 21st century (11th ed). Upper Saddle River, NJ: Pearson/Prentice Hall.
Katz, Levitt, & Shustorovich (2003). Prison Conditions, Capital Punishment and Deterrence. American Law and Economic Review. 5 (2)
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