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Philosophical Overview of Punishment Types Development in Modern System of Law Presentation

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Updated: Aug 18th, 2022

The development of sentencing system has undergone a number of changes. Its historical overflow gives an opportunity evaluating the role of death penalty in various countries throughout the world.

Sentencing System

The development of sentence system was merely based upon the factors listed below; it meant that in accordance with these aspects the defendants used to get their punishment.

Sentencing System

Sentencing Typology

It is important to stress that sentencing all around the world is characterized by the following aspects:

  • The content covering all illegal determined actions;
  • Issuing organ meaning monocratic court judgments;
  • Legal competence covering appeals, single judges, etc.
  • Legal Field containing various levels of civil, constitutional, administrative judgments.
Sentencing Typology

Death Penalty History

  • Death penalty law was initially introduced ion eighteenth century BC.
  • The first person being executed was Captain George Kendall (1608);
  • Britain practiced capital punishment in the period 1823-1837 covering about 222 crimes;
  • The first corrections in the sentencing system were made in Pennsylvania in 1834.
  • In 1846 the capital punishment was abolished for the first time in Michigan;
  • Mass abolishment of death penalty worldwide is observed since 1907;
  • The federal death penalty is expanded in 1994 by Law Enforcement Act;
  • 2005 – death penalty is declared to be unconstitutional and cruel.
Death Penalty History Death Penalty History

Capital Punishment in the USA

The table demonstrates the last four centuries in the death penalty development in the USA. One can observe the increase of punishment usage in 17th, 18th centuries. At the beginning of the 20th century capital punishment was at the peak; the chart shows rapid change in modern law system compared to the previous centuries.

Capital Punishment in the USA

Correction System

The sentencing system has undergone major corrections in the flow of its development related to:

  • Probation;
  • Jail;
  • Prison;
  • Parole.
Correction System

Federal Prisons under correction

Offence 2000 2001 1995-2000
Violent offenses 13,740 16,170 8,7%
Property offenses 10,135 10,664 5,2%
Drug offenses 74,276 78,501 47,5%
Total 131,739 142,766 100%

The table demonstrates the number of sentenced people imprisoned by federal law under correction. It shows the changes in the total number of crimes under the correction system development.

Federal Prisons under correction

Recidivism Rates in the USA

  • About 70% of released prisoners being rearrested are robbers, 77,4% – guilty for stolen property;
  • 2,5% – rapists, 1,2% – homicide serving;
  • 744,000 of prisoners have been rearrested in the USA for the last 3 years.
Recidivism Rates in the USA

Conclusion

  • Death Penalty was considered to be the principle punishment;
  • Correction system development influenced the number of crimes worldwide;
  • Sentencing system focusing on the capital punishment was recognized as unconstitutional.
Conclusion

References

Smith, M. (2000). Reforming Sentencing and Corrections. Executive Sessions.

Sentencing and Corrections. Web.

History of Death Penalty. Death Penalty Information Center. Web.

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IvyPanda. "Philosophical Overview of Punishment Types Development in Modern System of Law." August 18, 2022. https://ivypanda.com/essays/philosophical-overview-of-punishment-types-development-in-modern-system-of-law/.

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IvyPanda. 2022. "Philosophical Overview of Punishment Types Development in Modern System of Law." August 18, 2022. https://ivypanda.com/essays/philosophical-overview-of-punishment-types-development-in-modern-system-of-law/.

References

IvyPanda. (2022) 'Philosophical Overview of Punishment Types Development in Modern System of Law'. 18 August.

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