Sentencing Philosophies and their Evolution

Sentencing Philosophies and their Evolution

Instructions:-

  1. Compose an essay response where you discuss the role of sentencing philosophies in administering punishment by correctional agencies. As part of your discussion identify how the evolution of sentencing philosophies has impacted correctional agencies and the ways in which they must administer punishment to those convicted of criminal acts.
  2.  Discuss some of the risks that working with deviant individuals can create for correctional employees. As part of your discussion identify how correctional agencies can effectively address the issue of employee corruption resulting from a constant exposure to individuals with criminal tendencies.
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Solution

Sentencing Philosophies and their Evolution

Over time the idea of punishment has evolved but in order to understand this evolution we must first understand what the concept of punishment is and what is the definition of this concept is. The background of punishment goes back to ancient times. When looking back at those times punishment was a primitive state. It involved public shaming, torture, and what we would now consider to be cruel and unusual punishment. It was not too long ago when medical professionals as well as professionals in the criminal justice field didn’t really feel that rehabilitation was the best route to take when it came to the recidivism of criminal offenders. However, over time the idea of incarcerating a criminal for their offense or offenses, making them pay for their crimes through different forms of punishment (however inhumane it might seem) and then setting then free after a certain period of time was growing to be the more preferred approach when it came to punishment.   Over time people felt that the idea of incapacitation of the offender, as well as their domination seemed to completely supersede the goal of rehabilitating and trying to deter the offender from committing the criminal offenses in the future. However, over time the theory of punishment changed. So in order to understand this I first had to truly understand the definition of the concept of punishment. What I gathered was that when conducting any form of punishment, we must first understand that is very distinct from justification. The important thing to realize was that punishment should be kept value-neutral, to the extent that we must not incorporate the norms as well as principles the generally are set to justify what has already fallen under the stated definition.
We must keep justification out of the reasons of punishment, because we must look back and reference the standards, principles and rules that have already been set by the law as well as the institutional practices. While the system of punishment is not perfect we must realize that it emerged under the liberal and non-paternalistic respects for a people and their equality. We also have to see that if we are going to use justification it must apply to the case at hand. There is still a lot of detail that the criminal justice field has to work out when it comes to the ideas of punishment, and justification of that punishment. What I can say is the philosophy may help supply certain information, such as how much quality as well quantity of deprivation a prisoner should undertake. The other is that we need to understand that philosophy cannot always provide us the necessary information that we might needs when trying to think of a what to do when it comes to punishment.
 
Some feel that punishment is too lenient and other feel that the prisons and forms of punishment handed out are too tough. Truthfully when it comes to punishment I feel that there is a lot that we still could improve on, it has evolved but I think it still needs work.

Referenced
Bedau, H. A., 2001, “Feinberg’s Liberal Theory of Punishment,” Buffalo Criminal Law Review, 5: 103–44.

Davis, Angela Y., 2003, Are Prisons Obsolete? New York: Seven Stories Press.
Kelly, Erin I., 2009, “Criminal Justice without Retribution,” Journal of Philosophy, 106: 440–462.

Shelby, Tommie, 2007, “Justice, Deviance, and the Dark Ghetto,” Philosophy and Public Affairs, 35: 126–160.

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