Punishment in the U.S. Correctional System in Essay

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Punishment in the U.S. Correctional System

IN ITS RIGHTFUL PLACE AND FORM

Punishment in the U.S. Corrections System

Objectives of Punishment

These are to punish the offender, to protect the population from him or her, and to rehabilitate him or her (eNotes, 2013; Law Link, 2003). The first goal of punishment is theoretically intended to discourage or deter a repeat of the offense and a demonstration of why it should be avoided. The most common example of punishment is incarceration. Others are the death penalty and lesser penalties, such as probation. The second goal of the correctional system next to punishing the offender is to insure the protection of society from criminals. This is carried out by policing the streets and separating criminals through imprisonment to prevent them from repeating or performing more crimes. And the third objective is the rehabilitation of the offender so that he or she can re-join society to be a functional member again. He or she focuses from being a social cost to a contributing member (Law Link, eNotes).

Sentencing Effects on State and Federal Correction Systems

At the start of the 19th century, State and federal lawmakers began enacting statutes, which placed sentencing of guilty defendants on the presiding judge (Law Link, 2003; eNotes, 2013; Sentencing Council, 2012). The judge could suit his sentence to the conditions of the defendant and the community by imposing imprisonment, a fine, community service or probation. But this kind of sentencing was replaced in the 70s when many States passed mandatory sentencing guidelines. These guidelines imposed more severe penalties whatever mitigating factors existed. The practice resulted in long prison sentence even for non-violent offenders. It produced disparity in sentencing of certain offenses as against violent crimes and prison crowding of offenders who should have been moved to rehabilitation instead (Law Link, eNotes, Sentencing Council).

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This disparity in sentencing is most evident among drug offenders (Law Link, 2003; eNotes, 2013; Sentencing Council, 2012). A person found to possess only 5 grams of crack cocaine would be sentenced to 5 years in prison by the mandatory guidelines. If apprehended for possessing powder cocaine, he needed to possess 500 grams to receive the same mandatory sentence. Punishments have been so severe and the sentences so long that prisons have been overcrowded. The Kennedy Justice Commission traced the cause to mandatory sentencing as the major contributing factor. And 80% of those prosecuted under the federal government's anti-crack laws are African-Americans, although 66% of crack-users are actually White or Hispanic, according to reports. This disparity creates distrust in minority communities in the legal system. Distrust undermines the criminal justice system, declared Assistant Attorney General Lanny Breuer before a 2009 Senate Judiciary Committee (Law Link, eNotes, Sentencing Council).

Determinate and Indeterminate Sentencing

Determinate sentencing fixes confinement for a definite or minimum period, as specified by statute (Rank, 2012). Determinate statutes became popular throughout the country in the 80s out of public clamor for stringent laws to curb crime. Congress and the States came up with these statutes from the belief that punishment deters crime. Hence, specific sentences were evolved for certain crimes or repeat offenses (Rank).

Determinate sentencing has been found to reduce sentencing disparity but it also creates flexibility and cost problems (Shepherd, 2002). It prevents judges and officials from adjusting penalties in keeping the proportion between crime and punishment. It also tends to lengthen prison sentences and stays, which in turn increase costs in incarceration.….....

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