Philosophical Underpinnings of Sentencing
1. Review the six ideological and theoretical underpinnings of sentencing and correctional policy: retribution, incapacitation, deterrence, rehabilitation, restorative justice, and reintegration.
2. Identify the most prevalent philosophy used in sentencing the following crimes: drug distribution, rape, homicide, and DUI.
3. Think of examples where multiple philosophies might apply to sentencing and craft a 1-min paper (or 130 words) to support your argument.
Sample Solution
The past three decades have seen vast changes in the philosophy and practice of sentencing and corrections (Layton, 2011). The strong emphasis on rehabilitation witnessed in the first half of the 20th century gave way to new principles of fairness and justice, by which sentences reflected “just deserts” rather than a utilitarian motive. In the 1980s and 90s, sentencing processes shifted toward a crime-control model that emphasized incarceration as a way to reduce crime in the community. Historical changes in sentencing and corrections policies and practices can be partly delineated by the emphasis on different goals. Four major goals are usually attributed to the sentencing process: retribution, rehabilitation, deterrence, and incapacitation.
