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Punishment and the Criminal Justice System: A Prosecutor's Viewpoint (From Crime and Punishment: Issues in Criminal Justice, P 62-80, 1989, Fred E Baumann and Kenneth M Jensen, eds. -- See NCJ-122184)

NCJ Number
122188
Author(s)
W J Kunkle Jr
Date Published
1989
Length
19 pages
Annotation
While newly-educated prosecutors tend to have a liberal view of punishment, those with more experience support punishment over rehabilitation because they are aware of the enormous number of truly horrible crimes committed, they know most crimes are committed by repeat offenders, and they know how difficult it is to keep a just decision from undergoing change and modification.
Abstract
Prosecutors argue that rehabilitation should be used only for first misdemeanor offenses. Unlike many social scientists, prosecutors dealing with violent offenders know that punishment is a valid deterrent. Pretrial detention is also supported by prosecutors, who know that many serious offenses are committed by violent offenders free on bail. In the view of many prosecutors, the exclusionary rule and the insanity defense often lead to inappropriate punishment or the absence of punishment. While social scientists and some defense attorneys may focus on sentencing reforms, prosecutors and citizens share a desire to see the guilty punished appropriately. 19 footnotes.

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