Corrections

Punishment

The use of punishment by the state is an organized attempt to take responsibility for retaliation away from the victim or individual members of society. Under our criminal justice system, once a defendant has been found guilty of a criminal offense, the state has a right to inflict punishment in the form of a sentence. Sentencing is an important stage in the correctional process. Sentencing is especially critical for offenders, since sentencing decisions will have a major impact on their lives.

The concept of punishing criminals is one of the most complex and controversial issues in the criminal justice system. In early history, punishment was viewed as a spectacle used to teach moral lessons. It was generally believed that the more gruesome the punishment the public observed, the more punishment would serve as a deterrent to crime. Punishments, through the centuries, have considerably changed due to the maturing of our customs, economic conditions, religious beliefs, and political ideals. Throughout time, sentencing concepts have tended to directly reflect current customs, ideals, and conditions.

Possible sentences fall into certain general categories: fines, restitution, or forfeiture of property; community-based supervision; incarceration; capital punishment; or some combination of these. The proper sanction for a particular criminal is rarely individually rationalized or tailored. Courts focus primarily on the crime committed and the criminal committing the crime. The courts tend to deal with the individuality of criminals by generalizing with classifications such as “first-time offenders” and “habitual criminal.” There is little coordination among judges regarding sentencing. Although there is a range or specific sanction for a particular crime, generally the presiding judge has flexibility in handing down a particular sentence.

Fines are usually the sole punishment imposed for minor crimes. Fines are also used in serious cases, especially those involving financial gain. Often courts will impose a fine in addition to probation or incarceration. For the most part, the only guidance given judges regarding the imposition of fines is the statutory maximum fine allowable for the crime committed. Research has failed to establish the effectiveness of fines in controlling human behavior. In addition, often the fines imposed by the courts have little relationship to the crimes committed or the need to rehabilitate the offenders. The primary sanction for those who do not pay their fines is imprisonment. However, the U.S. Supreme Court has held that imprisoning a person who is unable to pay a fine discriminates against the poor. The courts avoid this issue by typically allowing the [Page 331]defendant at the sentencing hearing a choice of either paying the fine or electing to spend a certain amount of time in jail.

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