Logic of Sentencing Criminals
Humanity has always dealt with the problems related to crimes committed against both individuals and the public. Philosophers, judges, lawyers, public figures, government officials, and corrections institutions have proposed many forms of punishments or treatments to deter public and individual crimes in a given society. These punishments and treatments have built upon the past theories and ideas and also responded to the needs and interests of the given time or a society. In America today, there are four basic philosophical reasons for sentencing and six commonly known forms of punishment. When discussing the reasoning for sentencing and the forms of punishment, Americans offer one form of punishment or another depending on one's personal views and understandings. Some prefer severe punishments for the purposes of retribution and deterrence, while others specifically focus on rehabilitation. For the purpose of reducing recidivism, however, it is important to strike a proper balance, targeting the right persons for rehabilitation and others for stronger punishment. At the heart of these policies and programs should be evidence-based practices.
Of the four philosophical reasons for sentencing criminals, incapacitation refers to prevention of the offender from committing further crimes, usually through imprisonment. Retribution, also known as just deserts, refers to penalties imposed on the offender in strict accordance with what, according to the judgment, he or she deserves because of the crime he or she has committed. The third reason for sentencing is rehabilitation: attempts to "treat" or "correct" the offender through a variety of measures so that the former offender can safely return to society and avoid committing crimes in the future. The fourth is deterrence, which sometimes is divided into two forms: general deterrence in which a penalty is imposed on the offender to deter other potential offenders...
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