cj ch12 - Chapter 12 Punishment and Sentencing Goals of...

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Chapter 12: Punishment and Sentencing Goals of Punishment There are four traditional goals of punishment: Retribution “Something deserved” Punishment should fit the crime Deterrence General Deterrence Punishment serve to deter others Specific Deterrence Prevent recidivism by the offender Goals of Punishment - continued Incapacitation Prevent recidivism by detention or execution Concept of selective incapacitation Rehabilitation “Correct” the offender through vocational or educational training or therapy Habilitate = “make able” Re - habilitate = to make able again Restoration New concept - not in the punishment mode Repair the damage done to the victim and community Therefore - Community is involved in the justice process “Balanced and Restorative Justice” Basic Sentencing Strategies (Models) Strategies concern to a large degree the length of sentence Indeterminate sentences Determinate sentences Presumptive sentences Mandatory sentences Habitual criminal statutes Indeterminate Sentence Based on a treatment philosophy which needs to be “fitted to the offender” Predicated on the belief the offender will eventually return to society Inmate can earn time off for good behavior Early release but continued supervision Major drawback was sentencing disparity Determinate Sentencing Quite rare
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Judge sets a term of imprisonment which must be served regardless of progress, or lack of progress. No time for good behavior Mandatory Sentencing A sentence determined by law requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria At the end of the term, minus credited good time , the offender is automatically released
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This note was uploaded on 04/03/2008 for the course CJ 110 taught by Professor Maxwell during the Spring '08 term at Michigan State University.

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cj ch12 - Chapter 12 Punishment and Sentencing Goals of...

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