TEXTBOOK CJ2012 FAGIN-Select 5 of the following Essay

TEXTBOOK CJ2012 FAGIN-Select 5 of the following - Essay ExampleThus, the concept of general deterrence is based on the stick in that the fear of penalization leave act as a deterrent for people from committing umbrages. Besides, deterrence also relies on the idea that the punishment awarded to a soul who commits a crime discourages others from committing a crime. On the other hand, particular proposition deterrence, also known as special deterrence focuses on the principle of avoiding recidivism by the abominable. Thus, the punishment awarded for the crime is specific to the person who commits the crime. Specific deterrence further encompasses the tenet that the harsher the punishment is, the lesser is the chance of the offender to recidivate. Thus, the theory of specific deterrence attempts to forbid crimes by inflicting a specific punishment on the offender to remove in the tendency in him or her to commit much(prenominal) offences in the future. This will also serve as a warning to others so that they also will not commit such crimes. Determinate Sentencing and Indeterminate Sentencing The Bureau of referee Assistance, US Department of Justice, defines determinate sentencing as sentences of incarceration in which an offender is given a situated term that may be reduced by fixed season or earned time (National Assessment of Structured Sentencing xi). On the other hand, inconclusive sentencing is sentences in which an administrative agency, generally a unloosen board, has the authority to release an offender and determine whether an offenders parole will be revoked for violations of the conditions of release (xi). The system of indeterminate sentencing has several inherent problems such as offering discretion to jail authorities and parole officers the time of stay of an offender under the sentence and the length of sentencing tended to depend on singular criminals and not on the crimes. On the other hand, determinate sentencing, a system introd uced after the sentencing reforms of the late 1970s replaced the parole release concept with a fixed (flat) sentence that could be reduced by a significant good time provision (14). Thus, convicts under the determinate system are mandated for a specific period of incarceration as opposed to indeterminate sentencing where they were released on parole. Determinate sentencing relies on just deserts concepts rooted in the utilitarian or crime control model and the length of incarceration depends on the gravity of crime 915). Thus, the concept of determinate sentencing encompasses a mandatory minimum incarceration, depending on the offence committed, whereas indeterminate system involves release of the convict on parole, without having to under a prison sentence. The Difference between Legal Insanity and Incompetence to Stand Trial The criminal justice system takes into the account the mental competency of an offender, at the time of committing a crime, before awarding a punishment to hi m or her to determine whether the person has been mentally competent to understand the consequences of his or her action. Thus, courts reserve the right to declare an offender not guilty by reason of insanity if at the time of the offence, because of a mental disease or defect, he or she did not understand the nature, character, and consequence of the act, was unable to distinguish right from wrong (Warren et al 381). On the other hand, a person can be considered for acquittal on the grounds of his lack of