True Crime Files Podcast- INSIDE STORY- Deter the Criminal- Episode 104
Today’s True Crime Files Podcast is called the INSIDE STORY and addresses many of the concerns you the viewers have expressed about the Criminal Justice System. Over the years, the media, as well as members of the public, have criticized the courts for incarcerating too many people convicted of crimes. The obvious question is why can’t these individuals be rehabilitated instead of being warehoused in cells? That is a legitimate concern that needs to be discussed. Another concern is why do the sentences have to be so long. Can’t the same result be accomplished in serving half the time in custody? These questions must be examined.
The purpose of this Podcast is to spread some light on the sentencing aspect of the Criminal Justice System. In order to understand sentencing we need to discuss the four elements which are Retribution; Deterrence; Rehabilitation; and Incapacitation. This Podcast will address the issue of Deterrence which is one of the justifications for sentencing a convicted person. We have named this episode Deter the Criminal. The purpose of Deterrence is to discourage an individual from committing future crimes and to serve as an example to others who might be considering criminal activity. Deterrence has two roles to play in the sentencing process. The entire concept of Deterrence is based on the belief that all individuals act reasonably. In other words, all humans will avoid anything that causes them pain. The idea is that if punishment is painful such as jail or prison then a person will not commit the crime in order to avoid that discomfort.
For Deterrence to be effective, the offender must be able to consider the consequences before committing the crime. As we know from experience, many criminals seldom reflect on the consequences of their crimes. Often the act is done in the heat of passion or on the spur of the moment without any thought. That is why many academics claim that Deterrence doesn’t work and shouldn’t be considered in sentencing. This Podcast will discuss all aspect of Sentencing in the Criminal Justice System and we will put it all in perspective by referring to actual murder cases that were tried and sentenced in the Superior Courts in Los Angeles County. We will go behind the scenes to show all the steps that a judge must go through before pronouncing a sentence of Life in prison or merely imposing Probation for a convicted criminal.
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