The Goals of Sentencing in the Criminal Justice System

The Goals of Sentencing in the Criminal Justice System By: Brian Ouellette Criminal Justice CCJ 1020 Mr. Leonardo Cadogan Abstract In the United States there is no standard when it comes to punishment and sentencing. This area of the criminal justice system is in a constant state of change. Sentencing practices and goals are always being closely examined. From getting tough on crime to more rehabilitative approaches, the views and goals of sentencing are always being corrected. Since time began, there was crime and with crime came the need to punish criminals. How criminals were punished and the methods behind the punishment changed throughout the times. Standards of†¦show more content†¦Those who give little credit to incapacitation could claim this to be mere coincidence, while those who support it say the crime reducing effect of incapacitation takes time. Rehabilitation assumes criminal behavior can be improved with non-punitive methods. Rehabilitation, although non-punitive, usually occurs along side punishment. For instance an incarcerated person may be given many rehabilitative options. Mental health programming, substance abuse counseling and even education programming exist in modern day correctional facilities. A judge may sentence someone to attend rehabilitative programming as a part of probation or it may be included as a stipulation in a plea agreement. At the core of rehabilitation is the thought that a criminal is flawed, often thro ugh no fault of their own. Poverty, mental health issues, or childhood trauma may all contribute to a criminal life and rehabilitation attempts to aid in a sort of recovery. If a person is cured of their issues, perhaps they will not fall back into their previous pattern. (Siegel Senna, 2005). Similar to rehabilitation is the idea of restoration. While rehabilitation is through non-punitive means, restoration is the idea that punishment helps to promote a moral sense. 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