Punishment And Sentencing Punishment - 1281 Words

Punishment and Sentencing By: Dion Hice Columbia Southern University Professor: Dr. Thomas Kelly Punishment and Sentencing The definition of the word â€Å"sentencing†, is described as a particular process through a sentencing authority, which imposes a lawful punishment, or other type of sanction on a person that has been convicted of violating the criminal law. The definition of the word â€Å"Punishment†, is described as an act of punishing an individual, or a way to punish an individual. Schmalleger, F., Hall, D. (2014). Sentencing Rationales In order to put blame on an individual, or assign a form of punishment. You must first realize the fundamental human qualities. Criminal Law is very rooted and grounded, and there are many psychological principles that play a part in it as well. According to H.L.A. Hart, he has identified five very similar features of criminal punishment, which are different from other sanctions, such as: †¢ Pain must be involved, or any other type of consequence that would be considered uncomfortable, or even unpleasant. †¢ The offense must be against the legal set of rules. †¢ It must be imposed against the offender for the particular offense committed. †¢ Has to be administered by other individuals other than the offender. It has to be imposed and administered by someone of authority from a legal system against the particular crime committed. Five Forms of Sentencing Rational A well favorable term of justice is called â€Å"Just Desserts†.Show MoreRelatedPunishment and Sentencing Paper1278 Words   |  6 PagesPunishment and Sentencing Paper CJA/224 Garrett LeGrange September 17, 2010 There are many different philosophies that are in use in the court systems when determining what sort of punishment will be imposed on someone who is found guilty of committing a crime. These philosophies are in use in both the adult courts and juvenile courts. The juvenile court system is similar to the adult courts, but there are many differences between the two. Both court systems try and keep crime from happeningRead MoreSentencing Of Death And Punishment909 Words   |  4 Pagesinfrequently decrease a death judgement to life without parole. If the jury returns a life verdict, the judge has no power to enforce death. C. The Appeals Process Each felony conviction and resulting punishment can follow an elaborate and every long process of challenges to that conviction and punishment, but comparatively some inmate really exhaust the possibilities. It is usually the death row prisoner (and his or her lawyers) who can be predictable to wring every last drop out of this procedure.Read MoreSentencing And Punishment Of The Legal Law868 Words   |  4 Pages Members of the legal profession are claiming that changes to the availability of legal aid brought about by the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 could cause harm to the rule of law. The Act it is claimed creates an environment in which those who, without the financial resources to access justice will be denied access to justice. In principle the rule of law is intended to ensure that the law is just, accessible to all and that it is enforceable. Read MoreCapital Punishment Is The Process Of Sentencing One1526 Words   |  7 PagesCapital punishment is the process of sentencing one to death for committing an extreme crime. The death penalty is known to have been used as far back as the Eighteenth Century B.C within the code of Hammurabi also known for the phrase â€Å"an eye for an eye, and a tooth for a tooth†. Capital punishment has evolved and stayed the same in many places around the world, which has been seen as morally wrong in many regions that has created a worldwide argument. While I personally believe that no one in thisRead MoreMandatory Minimum Sentencing Is Cruel And Unusual Punishment1418 Words   |  6 PagesIntroduction The mandatory sentence of two years’ imprisonment is unconstitutional because it is â€Å"cruel and unusual punishment† which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the ControlledRead MoreCapital Punishment Is The Most Severe Form Of All Sentencing2525 Words   |  11 Pages Capital Punishment Directed Research: CCJ 2910 Instructor: Dr. Neal Jaresia Marks 19-NOV-14 Capital punishment is the most severe form of all sentencing. It was first introduced in 1700 B.C. When written under the Code of Hammurabi by the sixth Babylonian king. The laws covered nearly all subjects but is well known for its law stating, â€Å"If a man put out the eye of another man, his eye shall be put out.†(Birth of a, 2012) The death penalty was prescribed for about twenty-fiveRead MoreThe Legal Aid And Sentencing And Punishment Of Offenders Act 2012843 Words   |  4 Pagesjustice through the courts. The discussion will involve establishing the importance of access to legal aid for justice to effectively be accessed by vulnerable citizens. Secondly, there will be a discussion on the impact that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (hereafter, LASPO Act) has had on access to justice and access to courts for vulnerable citizens. Legal aid is a necessary mechanism to ensure that vulnerable citizens can obtain the necessary legal assi stance for justiceRead MoreThe Sentencing Structure And Texas Capital Punishment Assessment Team Report1328 Words   |  6 PagesThe sentencing structure in Texas is in need of reform within several different areas of the state’s death penalty system. The American Bar Association with their Texas Capital Punishment Assessment Team reports recommendations in regards to the areas that need to be assesse: [(Law Enforcement Identification Procedures, Law Enforcement Interrogation Procedures, Preservation of Biological Evidence, Access to testing Biological Evidence, Crime Laboratories and Medical Examiner Offices, Forensic ScienceRead MoreDo Queensland s Sentencing Laws Focus Too Heavily On Punishment948 Words   |  4 PagesDo Queensland’s sentencing laws focus too heavily on punishment, rather than rehabilitation, of drug offenders? Queensland’s current drug sentencing laws primarily focus on punishment more than rehabilitation. Courts in Queensland have penalties that can be enforced on an offender such as Community Service Order, Fines Restitution, Probation, Intensive Correction Order, Imprisonment and Parole for the use of illegal drugs. The penalties vary according to the type and amount of drug use involvedRead MoreDiscuss Factors That Affect Sentencing Decisions, Including the Purposes of Punishment and the Role of Victims.783 Words   |  4 Pagessentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences. The purposes of sentencing are set out in the Crimes (Sentencing Procedures) Act 1999 (NSW) and fundamentally include deterrence, retribution