Sentencing

Non-Custodial

Non-custodial sentences refer to sentences served outside jails. The main types of non-custodial sentences include fines, a probation order, community service order or conditional, discharge. Te rationality behind non-custodial sentences is that petty offender may become hard-core criminals when socialized with the hard-core criminals in jail. Some of the petty offender may be minors, while some petty offences have no defined jail terms of structures

Imprisonment

Imprisonment refers to custodial, sentencing in which a criminal is put into a prison or institutional system away from the public. These criminals are considered as major threat to the accepted morals, code of behaviors or dominant values. The rationality for imprisonment is to correct the offenders. Prisons are often referred to as correctional facilities where criminals are separated from the public to serve hail terms as they receive their punishment. According to Mendes, & McDonald, (2001, pp.588-610), criminals are imprisoned in retribution for the harm they have caused. Other includes distress-culpability and forfeiture of their right. These are done to reform, rehabilitate, treat the criminals or incapacitate offenders

Death sentences

Death sentences are awarded to those offenders whose severity if crime can only be punishable by death. For example, Honderich, (2006) argues that punishment should be apportioned in the severity of the nature of the crime committed by an individual. In such case, there are heinous crimes that are beyond apportionment. On the other hand, .argues that death penalties successful deters crime.

References

Mendes, M. & McDonald, D., [2001] “Putting Severity of Punishment Back in the Deterrence Package”, Policy Studies Journal, vol. 29, no. 4, p. 588-610

Honderich, T, (2006). Punishment: The Supposed Justifications Revisited (Revised edition ed.). London, UK; Ann Arbor, MI: Pluto Press.

2. Jails vs. Prisons

Explain the major differences between jail and prison systems. Is such a dual system necessary?

Management

The local government mostly manages jails, while state governments (Stuntz, 2004, pp. 2548–2569) operate prisons

Terms

Jails are designed to hold criminals serving short imprisonment terms while prisons are designed to hold criminals serving longer terms

Purposes

While jails are merely holding criminals awaiting trials in the court of law, the prisons are designed to hold confirmed criminals sent there to serve their terms.

Such systems are necessary because they help in correcting community ills and civil wrongs. Without exposing or breaking the prisoners or offenders

Provide alternatives to these two sorts of systems that would make sense on multiple levels, such as economic efficiency, protections to the public, correctional facility management, staff concerns, etc.
Considering the cost of incarcerations, these two system should be reduced to the same level where both serve as work release centers, halfway houses, or community restitution centers,. This way, they would still be productive to their families and contribute in developing the community as they receive their punishments.

References

William J. Stuntz (Jun., 2004), Plea Bargaining and Criminal Law’s Disappearing Shadow 117 (8), Harvard Law Review, pp. 2548–2569

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