The Criminological Theory and Courts Law Essay Paper

Criminological Theory and Courts
Student’s Name
Institution
Criminological Theory and Courts
Introduction
There exist five sentencing options that are used by courts to punish offenders: restoration, rehabilitation, deterrence, incapacitation, and retribution. These purposes highlight the role of courts in administering justice. This paper examines three sentencing options; incapacitation, retribution, and rehabilitation. Real case examples of each sentencing option and how it can be improved by theory are examined.
Incapacitation
Incapacitation sentencing option aims to prevent a crime from being committed in the future by physically removing offenders from society. A key underlying logic in this sentencing option is that there are certain criminally inclined people who cannot be rehabilitated or deterred (Lippman, 2019). A case example is United States v. Burke and Rossi. In this case, Michael Rossi was on June 25, 2018, imprisoned for sixty-three months as well as three additional years of supervised release (The United States Department of Justice, n.d.). This was after he participated in a scheme that defrauded thousands of victims, the majority of whom were elderly. In this case, the victims were defrauded over $2.7 million as they were told by the offender that they had won boats, cars, and other prizes and in order to claim them, they had to buy vitamins worth hundreds of dollars. The defendant pleaded guilty to conspiracy to defraud. Glen Burke, another defendant, in the case, also pleaded guilty and received a sentence of eighty-seven behind bars as well as supervised release of three years.
A key advantage associated with this sentencing option is that the incapacitated criminals cannot re-offend while in prison. In the above case, during sixty months in prison, it will be impossible for him to participate in schemes to defraud members of the public. A key disadvantage associated with this sentencing option is the tendency of the criminals to engage in crime once they released back to society. According to a report by the Bureau of Justice Statistics, approximately two-thirds of prisoners get arrested just three years after their release (Durose, Cooper, & Snyder, 2014). The figure rises to three-quarters when the period is extended to five years. These statistics indicate that incapacitation that involves allowing prisoners back to society is associated with a high recidivism rate. Participation in programs such as education, treatment, and vocational training while in prison may address the recidivism rate associated with incapacitation. In the above case, Rossi and Burke can undergo a program that may prevent them from going back to defraud members of the public.
Retribution
This sentencing option seeks to provide victims as well as the society members with a sense of satisfaction that the offender has received appropriate punishment. In this sense, the member...