Criminal Sentencing: Term Definition Essay

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For the common, prisons are the places where notorious criminals are kept and if they are allowed to go outside, will commit another crime and reach the prison once more. This is because people do not get chance to know more about prisons and its aim. The wrong ideas about prisons are created by films, periodicals, and other mediums of communication. Most of citizens, who are faithful to law and order in their life, do not get a chance to visit a prison. Moreover, people do not like prisons because it is considered as the place for punishment and imprisonment.

But modern concept of criminal sentencing laws is closely related to the rehabilitation of the prisoner who is sentenced for the crime that he/she had committed. It was because of the change in attitude towards prisoners in 1980s and 1990s. Hence, there was a combination of theories like deterrence, rehabilitation, incapacitation and retribution. One can see that the aim of deterrence is to prevent the criminal from further crimes, rehabilitation is to help the criminal to be a part of the society, incapacitation is only a typical reason for the imprisonment, and the aim of retribution is to punish the criminal under proper law.

These measures are aimed to reform the future of sentencing but now it is in the hands of permanent sentencing commissions. Ronald F. Wright points out that: “In virtually every case, the legislature has created a commission to direct future adjustments in sentencing laws. (2) The United States Sentencing Commission is the most visible of these administrative agencies.” (Wright, 1994). In US, there are commissions to direct the future adjustments in sentencing laws. Moreover, The United States Sentencing Commission can be considered as the most important of these administrative agencies which are aimed to create humanitarian out look to sentencing laws. So, it is evident that innovations in the field of sentencing laws are aimed to rehabilitate the person who is under suspicion of crime.

The aim of criminal sentencing must be rehabilitation of the person who is under suspicion. The best way to punish a criminal is to make him/her convinced that, punishment is for the crime committed not for him. Imprisonment or locking up is a new idea and the punishment for crime in older days was so severe. If the punishment is able to transform the criminal’s mind, the aim of punishment is fulfilled. But when a young man/woman is sentenced for life time imprisonment, there is high chance to acquire the criminal tendencies of fellow prisoners. Community service is the best way to transform a criminal to a faithful citizen.

When a person is kept away from society for a long time there is less chance for socialization. As man is a social being, proper socialization is important for individual development. The best punishment that can be given to a criminal is community service, not lifetime imprisonment. Punishment must be able to transform a criminal to normal level. Community service can be considered as the best way to attain the aim of punishment.

But when people who committed less offensive crimes are imprisoned for a long time, there is high chance to have contact with criminals in jail. But, this may affect the real aim of punishment. If the aim is to make a positive change in the character of the criminal, long term imprisonment is not suitable. So, punishment and prisons must be able to help the criminals to return to the main stream of society. It is evident that prisons can act as medium of rehabilitation. Prisons must not be a place to dehumanize an individual, but its aim must be to humanize an individual.

Moreover, the real purpose of prisons is to punish the person, for the crime that is committed. And its aim is focused on rehabilitation not the cruelty behind punishment. Most people are of the opinion that punishment is to prevent the criminal from the next crime. But it is an incorrect notion because, when the criminal is punished cruelly, there is a high chance for the prolonged hatred towards the society and it may lead to further crimes.

Andrew Ashworth points out that: “The Criminal Justice and Public Order Act1994 increased the courts’ powers to give custodial sentences to young offenders, in particular extending the power to impose long-term detention on juveniles as young as 10.” (Ashworth & Wasik, 1998).

The Criminal Justice and Public Order Act1994 was able to give more powers to courts to sentence the young offenders in custody. But it becomes severe when it tries to impose its extended power to impose long term detention on juveniles. Therefore, the aim of criminal sentencing is out of focus. If the sentencing of juveniles is aimed to transform them to a responsible citizen, the long term imprisonment will not help it. Sentencing an individual must be able to create a change in attitude towards the society. Moreover, the individual must be given a chance to return to the mainstream of the society.

Before summing up, it is to be pointed out that, prisons should help criminals and punishment must not dehumanize the individual. It can be seen that an average criminal can become a responsible citizen. So, criminal sentencing must be used as a method to change the prisoner’s attitude towards society. Rehabilitation is essential to make sure that the crime will not be repeated. So, prisons must be used as a medium for rehabilitation. By this way, the criminals can be transformed into productive members of out society. Then only, the aim of criminal sentencing is fulfilled.

References

Wright, Ronald F. (1994). Amendments in the route to sentencing reform. Questia: Journal Article, 13. Web.

Ashworth, Andrew., & Wasik, Martin. (1998). Fundamentals of sentencing theory: Essays in honour of andrew von Hirsch. Questia. Web.

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