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Sentencing in America
Sentencing can be defined as “the judicial determination of a legal determination of a legal sanction to be imposed on a person found guilty of an offense. ... Sentencing policies and procedures change over time in response to both legal and social influences, but have been proven ineffective in impacting the level of crime in society. ... There are two legal sources of sentencing guidance: legislation and judicial decisions. Judicial decisions on appeal, give the judiciary a general guide to sentencing practice and principles and their application in particular cases. Legislative sentencing guidance is not particularly specific, especially for sentences other than imprisonment. The rationales, goals, and principles of the sentencing process are based on fairness and equality, however, the application of these goals and procedures raises issues for debate. Issues of ethical and effectiveness of the sentencing process stem from the severity or leniency of penalties and from issues of fairness and consistency in sentencing decisions. ... The Sentencing Reform Act of 1984 dramatically changed sentencing. ... “The combination of stringent guidelines and mandatory sentencing along with similar harsh sentencing penalties adopted by most states has produced a burgeoning rate of incarceration in the United States.” ( Hudson 3) Imprisonment is supposed to be the last resort of a sentencing decision. Mandatory sentencing has resulted in the building of costly prisons to house low-level and nonviolent offenders for long periods of time. Many believe that mandatory minimum sentencing has failed to meet it’s objectives and that judges should be able to determine sentences on a case by case basis, so that punishment fits the crime.
Approximate Word count = 1170
Approximate Pages = 4.7
(250 words per page double spaced)
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