The Purpose, The Process, and the Resulting Inconsistencies. Sentencing. The Purpose of Sentencing. punishment serves two purposes: inflicting suffering on evildoers the prevention of crime. Retribution. Oldest and most common justification. Relies on principle of just deserts.
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1. Capital Punishment
Option in thirty-eight states and in federal courts.
Judges and legislatures have to take prison
overcrowding into consideration.
Offender permitted to live in the community, under
a. Can be used in conjunction with incarceration or probation.
5. Restitution and Community Service
a. Reparations paid to the injured party.
b. May also include community service or good works.
6. Restorative Justice
a. For less serious crimes.
b. The heart of restorative justice is the apology.
c. Focuses more on “healing” the harm.
a. The primary factor in the judge’s sentencing decision.
b. Some judges consider the “conviction offense.”
c. Other judges sometimes mandated by statute focus on the “real offense.”
different crimes of unequal seriousness.
c. Economic standing