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  • Essay / Purpose of Criminal Sentencing - 1312

    Purpose of Criminal Sentencing Once upon a time there was a television show called "Berretta" and the show's theme song said not to commit a crime if you cannot serve the sentence. This is a true saying, which should be present in the minds of all criminals as to why they commit a crime. Sentencing a criminal for the crimes for which he was convicted is the punishment due to him based on the seriousness of the crime committed. Courts have for centuries punished criminals according to the beliefs of the society in which the crime was committed. The belief systems of a civilized society have often dictated punishment in criminal proceedings. In biblical times, the belief system called for stoning for violations of many of the laws of the Jewish people. In modern societies, the term “sentence” is used to refer to the punishment of crimes. Sentencing can be further defined as “the process by which a judge imposes punishment on a person convicted of one or more crimes.” (Wallace & Roberson, 2008, p. 337, p. 339) Sentencing can also take many forms, some aimed at avoiding imprisonment or prison terms. The concepts that will be discussed are deterrence, rehabilitation, neutralization and retribution. The overall goal of criminal sentencing is to punish the convicted criminal for the crimes he or she has committed. However, some studies indicate that the intent of criminal sentencing is not always simply focused on punishing the convicted criminal. Jo Dixon, of New York University, “argues that formal legal theory of sentencing predicts that sentencing is initially determined by legal variables; Substantive political theory predicts that sentencing is determined by legal and social status variables. (Dixo...... middle of paper ......volume: 6 Issue: 4 Dated: November Retrieved from http://www.ncjrs.gov/App/publications/Abstract.aspx?id=242575Davenport, AU (2009). Basic Criminal Law: Constitution, Procedure and Crimes (2nd ed.) Upper Saddle River, New Jersey: Prentice Hall Dixon, J., (1995, No. 5 (March 1995), pp. . 1157-11. Retrieved from http://www.jstor.org/stable/2782274Lin, TY, (2009): Deterrence, Desert or Whatever. anniversary Texas Offender Reentry Initiative Retrieved December 1, 2010. Retrieved from http://www.medc-tori.orgWallace, H. & Roberson, C. (2008)..)..