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  • Essay / Judge Wearing Robe and Holding Gavel - 1440

    Philosophies of Sentencing When a judge or magistrate considers the possibility of recidivism, they tend to lean toward a sentence structured around rehabilitation to help reduce the offender's chances of committing crimes in the future. . Deciding what kind of sentence to impose and what will work best for each individual criminal is a matter that takes place in court as a joint effort of many parties involved and not just the judge wearing the robe and holding the hammer. Each of the four major sentencing philosophies plays an important role in the operation of the American justice system. Rehabilitation Usually, police officers make first contact with a suspect after a crime has been committed. The police officer's report and the evidence collected constitute the file which is transmitted to the prosecution and the court. Once a suspect is convicted or enters into a plea agreement, a pre-sentencing investigation (PSI) is typically conducted. The PSI report normally contains items such as criminal records, probation or parole history, current cases, any gang affiliations, and personal information. According to the Michigan Department of Corrections, “PSI reports are required by law for all felony convictions and are used by judges when sentencing an offender. » (2015) Victims are also often given the opportunity to express the impact that the offender and the crimes committed against them have had on their lives. During the sentencing phase, the judge is given all of this information to review and take into consideration when deciding the sentence imposed on the offender. In most cases, a judge or magistrate will decide which sentencing philosophy will work best in a case. The judge will review all information before responding ... middle of paper ...... will not commit a crime again. The battle between too much or too little help is often the case when it comes to a more severe rehabilitation-type sentence. But when we consider a retributive type of punishment, we also worry about the possibility of just throwing that person in prison without giving them the help they need. The type of crime committed and the offender must always be examined in depth in any criminal investigation. case. Removing the aspect of racial disparity in sentencing is something that will take time to overcome, but I think it is possible. There is a structure and guidelines for sentencing, but judges have immense discretion when it comes to determining the sentence they impose on an offender. Depending on the crime and the offender, each sentencing option must be considered. There is no right or wrong way here and each case must be based on the totality of circumstances surrounding it..