a. means of prevention has its inefficiencies. Because

a. Is our current system efficient regarding the types and goals of sentencing?Our current system is mostly inefficient regarding the types and goals of sentencing. The goals are retribution incapacitation, deterrence, rehabilitation, and restoration. Retribution assumes that criminals have a free will to decide their actions and should be held accountable for their actions. However, it does not take into consideration other factors that may have had a strong impact as to the choice of action. For example, psychiatric problem, this is a factor that can have a substantial impact on choices. The other four goals of punishment fall under prevention, which punishes wrongdoers so as to prevent future crimes. The problem with Incapacitation is that it is temporary and will only work while the criminal is in prison. Incapacitation will only take the crime from off the streets into the prisons, and moreover, it is burdensome for taxpayers because it cost thousands of dollars to house each inmate.Using Deterrence as a means of prevention has its inefficiencies. Because many crimes are committed during an emotional moment the person’s ability to reflect is compromised, and so to think that a person won’t commit crimes if the pain of punishment outweighs the pleasure of the crime will not necessarily work.The goal of rehabilitation has failed, it is difficult to successfully rehabilitate offenders in prisons and reform schools. Rehabilitation in institutions is mostly a matter of making less the prisoner’s ability to carry on with regular activities rather that been rehabilitated.I think Restorative Justice best worked, it helps the victim to be restored to mind and spirit. The goal of sentencing, in this case, is to sentence the guilty in such a manner that the victim feels a sense of relief and can move forward with life.b. In your opinion, how could our sentencing system be improved?In my opinion, I think our sentencing system could be improved by focusing more on the community-based approach to dealing with crime, the effects of crime, and the prevention of crime. Most people who have gone through our current system do not find it to be a satisfying experience. The victims often feel re-victimized while their need for justice is unmet. Those who offend along with their families feel more and damaged. I believe that our sentencing system should lead to problem-solving and healing instead of punishment and isolation.c. Describe how convictions are challenged through appeal and habeas corpus.Convictions are challenged by appeal, prisoners who challenge the fact or duration of their confinement on constitutional grounds and seek immediate or speedier release may petition for a Writ of Habeas corpus. A prisoner who challenges the conditions of confinement or attempts to obtain damages for violations of constitutional rights can seek relief by means of the Habeas corpus. This is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court brings the prisoner to court, to determine whether the detention is lawful. d. Why does our system allow for these provisions when dealing with convicted criminals?Habeas corpus provisions are there as a provision to determine if a state’s detention of a prisoner is valid. A writ of habeas corpus is used to bring a prisoner or other detainee such as an institutionalized mental patient before the court to determine if the person’s imprisonment or detention is lawful. Habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.


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