#17092 - Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment - Criminal Law

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

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 (restore public's faith and trust in legal system, courts represent people's interest, prevent vigilante justice)

  • Social norm reinforcement

  • Restitution and healing for victims

  • Education of public

• [criticisms] people's actions are motivated by emotions not rational calculations or law

(2) retribution - punishment because D deserves it, backward looking)

• Harm

• Culpability/subjective intent

• Social cohesion

• [criticisms] not benefit society or the offender, vengeance-based

(3) mixed theory: utilitarian aims with retributive limits (punish for social gain but not in excess of moral blame)