NCJ Number
43086
Date Published
1977
Length
17 pages
Annotation
THE PHILOSOPHICAL PROBLEMS OF UNIFORM SENTENCING LAWS VERSUS INDIVIDUALIZED SENTENCING PROCEDURES ARE DISCUSSED AND THE COMPROMISES NECESSARY IN ACTUAL PRACTICE DETAILED.
Abstract
CRIMINAL SENTENCING MUST CONSIDER THE GENERAL JUSTIFICATION FOR THE PUNISHMENT, THE PERSON WHO MAY BE PUNISHED, AND HOW PUNISHMENT SHOULD BE DELIVERED. THE THREE MAIN THEORIES OF PUNISHMENT, (DETERRENCE, RETRIBUTION, AND REFORM OF REHABILITATION) DIFFER IN THEIR APPROACHES TO THESE QUESTIONS. THE DETERRENCE GROUP WOULD LOCK UP OR SENTENCE TO TREATMENT THOSE WHO MIGHT COMMIT A CRIME AS WELL AS THOSE WHO ALREADY HAD COMMITTED ONE. THIS CAN BE A SERIOUS INFRINGEMENT ON PERSONAL LIBERTY AND OPENS ITSELF TO MUCH ABUSE. ACCORDING TO RETRIBUTION THEORY, ALL CRIMES SHOULD RECEIVE JUST AND EQUAL PUNISHMENT, ALTHOUGH IN PRACTICAL SITUATIONS RETRIBUTIONISTS MAKE ALLOWANCES FOR THE CIRCUMSTANCES OF THE CASE. THE REFORM OR REHABILITATION THEORY IS MORE CONCERNED WITH TRYING TO PREVENT A REPEAT OF THE OFFENSE. UNDER THIS THEORY A PERSON WHO COMMITS AN ISOLATED ACT OF VIOLENCE WHICH IS UNLIKELY TO BE REPEATED MAY NOT BE PUNISHED AT ALL, WHILE APPROPRIATE TREATMENT SHOULD BE DEVISED FOR OTHER OFFENDERS. THIS THEORY HOLDS THAT THE THREAT OF PUNISHMENT IS ENOUGH TO DETER MANY OFFENSES, RANGING FROM OVERTIME PARKING TO MORE SEVERE CRIMES. DURING THE PAST YEARS, ATTEMPTS AT REHABILITATION HAVE NOT PROVEN EFFECTIVE AND THE IDEOLOGY HAS BEEN DISCREDITED. HOWEVER, THE REHABILITATION APPROACH HAD VALIDITY IF INTEGRATED INTO A TOTAL CRIMINAL JUSTICE SYSTEM