Introduction
To begin with, it should be stated that the sentencing system of the United States of America had been subjected to numerous changes and modifications throughout history. The reasons for these changes are numerous, nevertheless, it is necessary to mention that the evolution is the inevitable process in any system, especially legislative one.
Discussion
The US court system is based on the principle that a judge sentences a person, who is accused in a crime. The sentence may differ in the length of imprisonment, the severity of the imprisonment regime or a person may subjected to death penalty (in some states). O’Shea (2008) states the following fact in his research: “The length of the prison term depends upon multiple factors including the severity and type of the crime, state and/or federal sentencing guidelines, the convicted person’s criminal record, and the personal discretion of the judge. In addition, a few states, such as Kentucky, require the judge receive a sentencing recommendation from the trial jury. In at least one state (Virginia), the jury decides on the sentence, and the judge can then reduce but not increase it.” From the point of view of these facts, it should be emphasized that the factors, which impact the final sentence of a convicted person is regulated by a special philosophy of a sentencing system. It should be pointed out that the social rights struggle has changed this philosophy essentially. Thus, Afro-American criminals are sentenced equally with the white criminals, in spite of the fact, that most of them are from criminal districts, settled mostly by Afro-Americans. Sentencing severity and the allover system of sentencing has also changed for sexual minorities and women, as these social categories have also gained essential rights and freedoms. It is impossible to show prejudice towards sexual minorities, or treat women as weak creatures, thus, the legislative system and the sentencing rules do not presuppose stricter sentences for homosexuals (while these instances were mentioned in the 1980s (Vila and Morris, 2006)), or slighter sentences for women, as these may be treated as male dominance by feminist activists.
The death penalty has been prohibited in most states, while it is still practiced in others. As for imprisonment, and the issues linked with it, it should be stated, that the average length of incarceration has increased in comparison with the 1970s. Friedman and Fred (2007) stated that: “Lots of courts and legislation bodies went on reducing discretion in both the sentencing process and the determination of the imprisonment regime severity. Determinate sentencing, use of mandatory minimums, and guidelines-based sentencing continue to remove the human element from sentencing, such as the prerogative of the judge to consider the mitigating or extenuating circumstances of a crime to determine the appropriate length of the incarceration.” Taking this notion into account, it should be stated that the severity of imprisonment stayed at the same level, while the duration of the incarceration has been increased up to 80% between 1992 and 2006 (additionally to the increase between the 1970s and the end of the 1980s)
Conclusion
The philosophy of sentencing is the factor, which is impacted by various components and issues of social life and the changes in the allover legislation system. The changes in US philosophy had deep and strong roots, thus, these are quite reasonable.
References
Friedman, Leon, and Fred L. Israel, eds. Their Lives and Major Opinions Their Lives and Major Opinions. Vol. 5. New York: Chelsea House, 2007.
Bryan Vila, and Cynthia Morris, eds. Capital Punishment in the United States A Documentary History. Westport, CT: Greenwood Press, 2006.
O’Shea, Kathleen A. Women and the Death Penalty in the United States, 1900-1998. Westport, CT: Praeger Publishers, 2008.