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Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment - Criminal Law

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The Structure of Criminal Justice Administration in the United States

The Justification of Punishment

AMERICAN CRIMINAL JUSTICE LANDSCAPE

  1. Mass incarceration, small deterrent effect

  2. Overburdened legal system

  3. Discriminatory treatment of minorities

  4. Decentralized/local administration

  5. Discretion

  6. Political influences on CJ administration - elected legislators, prosecutors, judges

  7. Minimum sentencing requirements

THEORIES OF PUNISHMENT

Theory Consider
Retribution

Harm caused (scope and amount – children involved?)

Subjective intent/blameworthiness (circumstances?)
Deterrence

Special and general

Signaling

Risk of reoffending (age, impulse control, past record)
Incapacitation Protect public from danger/further crimes of D
Rehabilitation Educational or vocational training, medical care or other correctional treatment

Purposes of Punishment

  • Purposes are used by different actors to make decisions

    • legislatures (what to criminalize), prosecutors (who/what/how much to charge), judges (what to sentence)

2 dominant views -

(1) utilitarian - punishment because produce good future consequences, forward looking

  • Deterrence (detection) - special and general

  • Rehabilitation

  • Incapacitation (involve risk instruments to determine pretrial detention and sentencing, often faulty)

  • Others

    • Legitimization of legal system...

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