- Compare and contrast the 4 main sentencing goals (retribution, deterrence, incapacitation, rehabilitation). Discuss the advantages and weaknesses of each goal. Would different sentencing models (indeterminate sentence, determinate sentence, consecutive & concurrent sentences) be appropriate for different crimes? Why or why not? Considering the goals of sentencing, what sentencing model would you attach for violent crimes? Property crimes? Drug crimes? Review the video titled “Defendants’ Rights, Sentencing and Punishment, Capital Punishment found in this module’s Learn section. From a Christian viewpoint, present at least 2 arguments for the preservation of the death penalty and at least 2 arguments for the abolishment of the death penalty.
Our several constitutional amendments that protect offended to right the 8th Amendment provides many defendants the option of being released from jail as they await trial defendants can post bail to ensure their appearance the 8th Amendment protects defendants against excessive bail but this protection only extends to federal cases if states want to eradicate bill altogether they can do so however some states have instituted the right to bail in their own state constitutions the 8th Amendment also pretext defendants against cruel and unusual punishment the Constitution also safeguards individuals against illegal detainment it writ of habeas corpus is a written judicial order that requires that inmates case be reviewed in court to determine if the inmate is being held unconstitutionally this writ was established to keep the government from the detaining and punishing people illegally Hippias corpus cases take place in state and federal courts without juries the objective here is to ensure that people are not being detained for lengthy amounts of time without a trial there are various goals and models of sentencing once a defendant is sentenced their offense may be retribution of whereby the goal is to punish the offender for the crime a 2nd goal might be to deter the offender from committing future crimes the goal of incapacitation aims to lock and offender up so that they can’t actually offend in the future. Rehabilitation However aims at getting the offender to learn specific skills so that they are less likely to re-offend in the future judges are responsible for handing down sentences determinant sentences identify a specific period of time in which the offender must serve indeterminate sentences identify a specific time range that the individual will serve based upon their behavior while incarcerated in some instances the law will set a minimum sentence that must be imposed for a specific crime these are known as statutory minimum instances whereby defendants Arca. Victims of more than one crime they may be handed down consecutive sentences or concurrent sentences consecutive sentences require that one sentence must be served for the entire time before the next sentence begins concurrent sentences permit defendants to serve more than one sentence at once concurrent sentences will have the offender spending less time in prison preventive detention laws address repeat offenders who have been previously convicted of prior crimes have been will offender laws and 3 strikes and you’re out laws are examples of these preventative detention laws capital punishment remains a highly debated topic in corrections and sentencing practices currently the federal government u.s. military and the majority of states have capital punishment statutes in special circumstances like victim torture killing for financial gain except make qualify a defendant being charged with a capital crime interesting really most individuals who are placed on death row will never be executed in Wilkerson versus Utah an 878 the Supreme Court said that it was not cruel and unusual punishment to be killed by firing squad in in regular Kemel or in $890.00 the Supreme Court said it was constitutional to electrocute inmates on death row. It was not actually until the 1970 s. did the Supreme Court rule against any state for the administration of capital punishment in 1972 the Supreme Court got rid of both state and federal capital punishment at that time this decision was in response to firm versus George in 1982 Consequently the sentences of 600 condemned inmates at that time were commuted to life in prison and Greg versus Georgia in 1986 the United States Supreme Court said that states could read draft specific laws to determine how the death penalty would be administered Why why because the Supreme Court never ruled that the death penalty in of itself was on sconce to Szell and firm in versus Georgia in 1902 what was regarded as unconstitutional where the laws that were in place that determine eligibility for capital punishment make less likely versus Kemp $987.00 brought into question the elements of racial discrimination and capital punishment the court of held that partitioner would have to prove that they personally had been subjected to racial discrimination in order to determine whether or not equal protection rights were violated there are many controversies surrounding capital punishment one such controversy is whether or not capital punishment actually serves as an effective deterrent some research finds that capital punishment does not deter crime other research purports that capital punishment specifically the act of execution results in fewer homicides in general capital punishment has been losing favor since the late 1990 s. much of this disdain is attributed to the death penalty being unfairly applied capital punishment data continues to show African-Americans been disproportionately represented on death row Furthermore research finds that individuals of any race who decide to murder a white person are more likely to receive the death penalty than victims of other races there also seems to be disparity in socio economic status. Of capital punishment defendants there are economic class differences with respect to the application of the death penalty as well research finds that if a victim was of higher socioeconomic status the defendant would be more likely to receive a death penalty conviction then if the victim was of a lower socioeconomic background the cost of capital punishment is certainly of concern it is actually more expensive to execute an individual than it is to pay for life imprisonment there are a number of states that are considering abolishing the death penalty in large part for the high costs but also because of the extent of wrongful convictions this brings into question whether or not the death penalty represents morality and justice we will discuss this question further in a moment the victims and their experiences ought to be an important consideration in the criminal justice system the victims serve as witnesses however victims generally feel that they should have the opportunity to play a much more critical role than just serving as witnesses victims do however have the opportunity to provide victim impact statements the victim impact statement is generally included in the pre-sentence investigation report the pre-sentence investigation report is a document that provides background information and history about the victim the p.s.r. can also include the victim’s impact statement victim impact statements are not without controversy victim impact statements allow the judge and the jury to hear about the harms and experiences of the victim Some find that victim impact statements will create unfair treatment towards defendants the constitutionality of victim impact statements were upheld by the United States Supreme Court in 1901 as such victims still have the ability to make statements during the sentencing hearing about their experiences capital punishment is very controversial and scripture emphasizes the God for hidden murder no way a covenant implies that there is a need. Create a jurisdiction of power capable of ensuring that justice is protected in cases of capital punishment the jurisdiction of the state was founded with Noah with the institution of capital punishment no as the head of his family was also a nuclear magistrate in the post do movie and world the state does not need to be a nation but is the jurisdiction within it and smaller groups and scripture the avenger of blood is merely the aggrieved who rightly performs the execution as an agent of the court the state and the land this becomes clear when one notices that Scripture says when he the avenger of blood meets him the murderer to execute him that it means after a trial such as proven from verse numbers 35 verse 12 they the cities of refuge will be places of refuge from the Avenger so that a person accused of murder may not die before he stands trial before the assembly and by verse 30 but no one is to put to death on testimony of only one witness the Bible says in Deuteronomy 906 then Jance by the avenger of the blood before this is rage and he would be guilty of bloodshed. The point then is that the Bible makes provision for capital punishment but only with a fair trial that assumes that racism is not a factor in evidence is gathered and presented in a sound in just a matter the verses discussed above reference 1st Genesis 96 since this provision of capital punishment was found in God’s covenant with Noah we can infer that it is still relevant today because it’s not merely limited to Mosaic Law and code on the other hand the verses we discussed above from the books of numbers in Deuteronomy are certainly part of Mosaic Law but they are useful for giving us guidelines to ensure just process at the same time we do not subscribe to other verses and was a law which speaks to capital punishment for lesser offenses such as the practice of witchcraft because those penalties were specifically limited to Mosaic Law and conclusion assuming this interpretation of scripture is accurate no one should enjoy the idea of capital punishment just like none of us should enjoy the prospect of war sometimes taking the lives of other
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