Topic > Purpose of Criminal Sentencing - 1312

Purpose of Criminal SentencingOnce upon a time there was a television program called "Berretta" and the theme song of the program said not to commit a crime if you can't do it in time. This is a true saying, which should be present in the mind of every criminal because he is committing a crime. Convicting a criminal of the crimes for which he was convicted is the punishment due based on the severity of the crime committed. For centuries, courts have 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 cases. In Biblical times, the belief system included stoning for violation of many laws of the Jewish people. In modern societies, the term “sentence” is used to refer to punishment for 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 several forms, some aimed at avoiding prison or prison sentences. The concepts that will be discussed are deterrence, rehabilitation, incapacitation and punishment. The general purpose of criminal sentencing is to punish the convicted criminal for the crimes he or she has committed. However, there are studies that state that the intent of criminal sentencing is not always focused on simply punishing the convicted criminal. Jo Dixon of New York University “states that the formal legal theory of sentencing is 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 document ...... olume: 6 Number: 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 HallDixon, J., (1995). Vol. 100, No. 5 (March 1995), pp. 1157-11. Retrieved from http://www.jstor.org/stable/2782274Lin, T.Y., (2009). Conviction: Deterrence, Desert, or anything Singapore Journal of Legal Studies: Special Issue Commemorating Its 50th Anniversary Texas Offender Reentry Initiative Retrieved December 1, 2010. From http://www.medc-tori.org Wallace, H. & Roberson, C. (2008) Principles of Criminal Law (4th ed.)..