Different Types of Criminal Sentences

Different Types of Criminal Sentences
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Different Types of Criminal Sentences
The primary role of the government is protracting citizens from those who wish to harm them. As the military protects citizens from foreign harm, the criminal justice system protects individuals from domestic evildoers. The US is a nation guided by the rule of law. Sentencing in America varies by jurisdiction. However, given that the Constitution is the country's supreme law, all the sentences have to conform to the requirements stipulated in the Constitution. The Constitution outlines the primary mandates while allowing the bulk of the policy-making to be determined by the various states and territories. The different types of criminal sentences in the US are based on multiple major philosophies of punishment.
The philosophy of retribution demands that punishment match the level of harm the criminals have caused to their victims. In other words, criminals get what they deserve. In this regard, individuals who commit minor crimes get minor punishments, while those with more serious offenses attract more severe punishments. The approach is critical because it holds offenders responsible for their actions (Materni, 2013). It treats them as moral agents who are free to do what is right because the failure to do so will attract a just punishment. Supporters of retribution believe that the approach provides the victims and society with a sense of satisfaction from recognizing that the criminal has received the appropriate level of punishment. An example of retribution is an individual who has committed murder receiving the death penalty.
The principle of deterrence seeks to prevent individuals from engaging in future crime by the threat of punishment. This can take place in two significant ways. Firstly, specific deterrence can be applied to the particular individual committing a crime (Chilton & Weaver, 2009). Here, a previously punished person is expected to connect between an anticipated criminal act and the punishment suffered because of similar actions done in the past. Secondly, it can come in the form of general deterrence, where potential offenders know the likelihood of punishment for committing a particular offense. Punishing offenders acts as a lesson to the entire population on what would happen if they engage in criminal acts. The threat of possible punishment deters individuals who might have otherwise committed a crime if such a system was not in place. For instance, when the police patrol a street during the night, they reduce offenders' probability of criminal acts like theft. A fine imposed for a particular offense will serve a similar purpose.
For incapacitation, the approach is removin...