Processes in the Criminal Justice System: Sentencing

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Introduction
Sentencing is considered one of the final stages in the criminal justice process. The criminal justice process in the United States is, in many ways, inclined towards incarceration. According to Gabbidon et al., sentencing involves sanctions that an individual faces upon conviction for committing a crime (179). Furthermore, there has been a staggering increase in incarcerated individuals over the past four decades. Consequently, citizens and social scientists continue to scrutinize the role of the courts in a large number of incarcerated individuals in the United States. Therefore, to understand the role of courts, it is critical to narrow it down to different significant stages in the trial process. Moreover, sentencing is one of the most consequential stages in the criminal justice process. According to Gabbidon et al., judges have discretion during sentencing processes in many instances (181). Even though other stakeholders such as the legislature play a critical role in sentencing, the mandate and discretion of judges cannot be underestimated. The legislature has an oversight role in sentencing, such as stipulating guidelines and limiting disparities that may arise in the process.
Part I
It could be argued that people subjected to the criminal justice system stare increasingly high chances of landing in prisons and jails due to the sentencing philosophy in the United States. Understanding the sentencing philosophy requires the assessment of the history of sentencing right from colonial times. The sentencing philosophy has continued to change due to prevailing dynamic circumstances. According to Gabbidon et al., there are four primary sentencing philosophies: retribution, treatment or rehabilitation, incapacitation, and deterrence (180). Furthermore, the choice of every philosophy could be influenced by socio-political aspects. For example, in the post-civil rights movement period, America inclined more towards using a more liberal sentencing philosophy that favors rehabilitation. However, the country experienced a rapid rise in crime in the 70s, thereby resulting in a radical change in the sentencing philosophy. As a result of rising crime cases in the country, a vast majority of the American population favors conservative sentencing philosophy, which entails deterrence and punishment. The conservative philosophy has been widely used since the 1980s. One of the effects of using conservative sentencing philosophy is the apparent rise in the number of individuals sent to jails and prisons.
Gabbidon et al. outline that a study conducted in 2006 indicated that the average sentence term in state courts was four years and eleven months (193). Furthermore, most respondents favored the conservative sentencing philosophy when asked whether they would choose jail deterrence and long sentences or rehabilitation and shorter sentences. The sentencing philosophy widely applied in the United States is not solely an idea of the court. The legislature has a primary duty of prescribing guidelines that can help equalize and limit the disparities that may occur in sentencing. A conservative sentencing philosophy could be mainly attributed to the legislature due to its role. By...