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Sentencing Theories Philosophies and Practices


, injunctions, asset forfeitures, product boycotts, slowdowns and strikes by workers, decertification of programs, revocation of licenses, cease-and-desist orders, and denial of benefits) may be vindicated based on different utilitarian grounds, such as protecting the society or deterring any wrongdoing, but they may eventually replicate the general belief in making sure the punishment is suitable for the crime (Zaibert, 2006; Tonry,2005). Deterrent Theory The deterrence doctrine asks a basic question about the connection between human behaviors and sanctions: Are legal and extralegal sanctions important for minimizing deviance and achieving compliance? The effect of punishment becomes deterrent when the fear of the punishment or its imposition results in conformity (Tay, 2005)

Sentencing Theories Philosophies and Practices


Several authorities have tried to make the forms of human punishments dependent on instinctive reactions, which may be referred to as anger, wrath, resentment and revenge. Both philosophers and theologists supported the theory of retributive justice (Tonry, 2005)

Sentencing Theories Philosophies and Practices


Preventive Theory A key utilitarian aim of punishment includes different actions created to reduce the physical ability of a person to commit deviant or criminal acts. Incapacitation is the popular principle under this theory, which concentrates on eliminating individuals' tendencies for deviance and crime through various types of physical action restraints (Walen, 2011)

Sentencing Theories Philosophies and Practices


The Rehabilitation Principle The main rehabilitation goal is the restoration of a convicted offender to a productive place in the society through a combination of education, treatment, and training. The salience of treatment as a philosophy for punishment is specified by the modern jargon of reformatories, correctional facilities, and therapeutic community now used for describing prisons, jails, and other institutions of incapacitation (Ward, 2004)

Sentencing Theories Philosophies and Practices


g., anger management, drug treatment, and job training), in the mid-1970s, support for rehabilitation in the United States was considered a major blow when a report was published that rehabilitation efforts affected recidivism in a very infinitesimal way (Weatherburn, 2010)

Sentencing Theories Philosophies and Practices


Even in places like India, it is common to hear of a pick-picketer who got caught in the act and got beaten black and blue. Such wrongs and injuries always incite a spontaneous instinctive anger and wrath (Zaibert, 2006)

Sentencing Theories Philosophies and Practices


Partial Deterrence looks at situations where the threat of sanctions comes with a certain deterrent value, even when such sanction threats fail to encourage positive behavior. When the deterrence philosophy is used for penal reform purposes, it is always a justification for escalating the severity of sanctions, especially in the Western more developed nations (Zimring and Hawkins, 1973)

Sentencing Theories Philosophies and Practices


Partial Deterrence looks at situations where the threat of sanctions comes with a certain deterrent value, even when such sanction threats fail to encourage positive behavior. When the deterrence philosophy is used for penal reform purposes, it is always a justification for escalating the severity of sanctions, especially in the Western more developed nations (Zimring and Hawkins, 1973)

Sentencing the Victim

Year : 2002

Untitled Sentencing Documentary

Year : 2015