Running head: Goals of Criminal Sentencing
Goals of Criminal Sentencing
Frederico E. Flores
Professor Richelle Mattson
CJUS 300 PA
September 23, 2013
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Goals of Criminal Sentencing
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Abstract
Society may feel that offenders that commit harsh crimes deserve the harsh punishments they
receive but not every offender commits such heinous crimes. Criminals that commit lesser
crimes must be sentenced appropriately with specific sentencing goals in mind. The sentencing
goals include general deterrence, specific deterrence, incapacitation, rehabilitation, diversion,
retribution / just desert, equity / restitution, and restoration. When these sentencing goals are
administered correctly they can deter criminal activity, inhibit future violations, treat and
eliminate underlying causes of crime, spare nonviolent offenders, punish, and reimburse victims
and society.
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For every action there is an equal and opposite reaction but this is not always the case
with crime as with every crime committed there are variable sentences with diverse goals. Even
though many criminals may seem the same their punishments may have very different objectives
in mind. These goals consist of general deterrence, specific deterrence, incapacitation,
rehabilitation, diversion, retribution / just dessert, equity / restitution, and restoration which are
given with a specific purpose. This paper will discuss the reasoning and targeted outcome of
general deterrence, specific deterrence, incapacitation, rehabilitation, diversion, retribution / just
dessert, equity / restitution, and restoration.
General deterrence is the theory that criminals should be punished in a manner that will
deter other individuals from committing the same crimes. This is to prove the cliché that if an
individual doesn’t want to do the time they shouldn’t do the crime. The idea of general
deterrence is to discourage criminals from doing the crime in fear of the repercussions. General
deterrence does have to walk a fine line to prevent a punishment from becoming disproportionate
and unfair. This may lead criminals to feel that they have nothing lose which may cause their
crimes rise in frequency and severity (Siegel & Worrall, 2014, p. 413).
Specific deterrence sentences are given to convince convicted criminals from committing
future crimes by giving them harsher punishments. Much of the time these harsher punishments
may increase the chances of future crimes as criminals may feel that they need to prove that they
cannot be broken by harsh punishment, harsh treatment stigma may lock offenders into a career
in crime instead of deterring them, or offenders may feel the chances of being caught again are
too great (Siegel & Worrall, 2014, p. 414).
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Incapacitation believes that they can keep criminals from committing future crime by
keeping them incarcerated. This incarceration is not for the crime they have committed but the
crimes they may commit in the future. This approach has alternate outcomes as crime rate has
increased and decreased during times of increased prison population. This may be from offenders
not being able to commit crimes while they’re in prison but being exposed to other offenders
who may be more dangerous and experienced (Siegel & Worrall, 2014, p. 413-414).
Rehabilitation is based on the idea that once criminals are rehabilitated they will no
longer commit crimes. These offenders are seen to be no threat to society once they have been
rehabilitated. Some examples of rehabilitation sentencing consist of substance abuse
rehabilitation; special rehabilitation for sex offenders such as anger-management, relationship
counseling or therapy; educational counseling; and life skills courses (Wolfe, 2013). The goal of
rehabilitation is to return offenders to society as a law abiding and productive citizen (Siegel &
Worrall, 2014, p. 415).
Diversion is an effort to spare nonviolent offenders from being sentenced and convicted
with traditional forms of correction. Instead these offenders are diverted to nontraditional forms
of punishment such as community correctional programs and may be asked to make restitution
payments to victims. Diversion programs do not just help nonviolent offenders but also the
victims and families (Siegel & Worrall, 2014, p. 416). For example in Vermont victims receive
financial restitution for their loss, an apology from offender, participate in restorative justice
process, learn circumstances surrounding offense and the knowledge that diversion programs
help in decreasing recidivism ("Vermont court diversion," 2013).
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Retribution / just dessert is the sentencing goal that refutes specific and general deterrence as the
purpose is to solely punish for the crime committed. The punishment should fit the crime and not
be given to purposely deter would be criminals or acts an offender may be prone to commit in
the future. With this sentencing goal offenders should be punish because they deserve to as they
committed a crime. Similar illegal acts should be punished equally and fairly without prejudice
to the offender (Siegel & Worrall, 2014, p. 415).
Equity / restitution views criminals as benefiting from their crimes and must reimburse
society for their criminal acts. This goal of punishment is that convicted criminals must pay back
their victims for their loss, the justice system for the costs of processing their case, and society
for any disruption they may have caused. This may be achieved by fines, forfeit property
acquired by illegal gain, community service, paying financial restitution to victims, or the
reimbursement to the state for criminal process costs (Siegel & Worrall, 2014, p. 416).
Restoration sentencing makes offenders confront their behaviors, damages to their
victims, and the dishonor they brought upon their family, friends and society. Restoration uses
victim advocacy, mediation, and sentencing circles to reconcile conflicts between offenders and
victims. The goal of restoration is to get the offender to understand the damages they’ve caused
and restore their standing with society (Siegel & Worrall, 2014, p. 416-417).
As one can see the criminal justice system has many goals when it comes to sentencing.
Judges do not just sentence criminals without a wanted outcome in mind as their goal is to ensure
the offender receives a just punishment while deterring future crime, restoring society, and
protecting nonviolent offenders. Even though offenders deserve punishment for committing
crimes there are multiple sentencing goals that can help reduce and deter such illegal activities.
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With this information in mind I ask if an offender can receive punishment for their offence while
simultaneously help deter crime, and provide restitution to victims and society then why not
make an effort to accomplish this?
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References
Siegel, L., & Worrall, J. (2014). Introduction to criminal justice. (14 ed.). Belmont, CA:
Wadsworth Cengage Learning.
Vermont court diversion a community response to crime. (2013). Retrieved from
http://vtcourtdiversion.org/court-diversion/benefits/
Wolfe, M. (2013). Types of rehabilitation treatment in criminal justice. Retrieved from
http://www.ehow.com/list_6638745_types-rehabilitation-treatment-criminal-justice.html