Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty 1
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty
LeeAnn Martina
Liberty University
CJUS 640
Dr. Hutton
March 6, 2025
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty 2
Abstract
The criminal justice system has many branches of parts and organizations regarding
criminal activity. One of the more serious branches is the sentencing and incarceration portion.
This paper aims to explain both sentencing and incarceration options while also deep diving into
different imprisonment types. This paper also touches on the highest level of punishment, known
as capital punishment or the death penalty. Also, alternatives are highlighted regarding how the
system desperately needs restoring. Lastly, a biblical response is provided as well.
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty 3
Introduction of the Correctional System
The correctional system is a portion of the criminal justice system that’s responsibility
solely relies on enforcing punishment and rehabilitating offenders all while maintaining public
safety. Corrections alone is the supervision for any person that has been arrested, convicted or
sentenced for a criminal offense either in the community or in an institution (Department of
Justice, 2021). The first step of the process is sentencing, this is when a judge will determine
what is the appropriate punishment for an offender in relation to the crime that was committed.
There are two options that a judge can choose from: community-based programs/services such as
probation or fines, or institutionalization or imprisonment. The goal of community-based
programs is to try to keep lower-level offenders in the community in conjunction with
rehabilitating to be productive members of society. However, if the offense is severe or the
offender keeps offending, the courts will have no choice but to take custody of the offender to
rehabilitate and reintegrate at a more secure level. The highest possible sentencing option that
there would be capital punishment, known as the death penalty. This is when an offender is
executed due to such an extreme offense, such as murder. In this case, there would be no
possibility of rehabilitation or reintegration. Sentencing, imprisonment and capital punishment
are all elements of the law that play a crucial part in either deterring and/or rehabilitating
offenders.
Sentencing
Sentencing refers to the punishment response to a convicted offender. To be sentenced, an
offender must be found guilty of their crime. However, there is a process prior to sentencing and
that is to try to figure out the best approach for determining the appropriate punishment. To even
determine if an offender is guilty or innocent, jurors and judges must look at the behavior of the
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty 4
offender first. On a psychological stance, one can look at the causes of sentencing first. Was
there an internal or external cause in terms of why the offender committed such crime
(Constanzo & Krauss, 2021). The reason why an average person does not commit a crime is due
to internal causes, known as the inner control system. The average person has the ability to have
self-control, such as good judgement and resistance – which are all factors that those who
commit crimes seem to not have (Peterson & VanderPyl, 2024). On the other hand, there are also
external causes for why a person may commit a crime that may be more out of their control than
not. However, the next portion of the cause would be controllability and stability (Constanzo &
Krauss, 2021). Was the behavior of the offender appeared to be under control and stable or not?
The psychological portion of the offender is looked at as a whole. Juries and judges are more
lenient to cases that are caused by external forces and less controllable situations than those that
utilized their free will to commit a crime due to the uncontrollability and instability of their own
behaviors and actions. This portion can go even deeper into looking at the stability of a person’s
mental health as well. How stable has the offender been in the past? How stable has the offender
been more recently in terms of mental health? Has the offender been in any mental health
treatment or placements in the past or at the time of the commission of the crime. There are a lot
of mitigating circumstances that must be looked at in order to fully understand the whole profile
of the offender before even sentencing a person.
In the United States there are several options in terms of sentencing possibilities. The
options that the United States Sentencing Commission recognizes are probation, imprisonment,
supervised release, fines and restitutions (Reeves, et al., 2024). There are two types of
imprisonment sentences that one can be ordered: determinate and indeterminate. Determinate is
when a judge orders a specific length of time one will serve, such as 90 days or 120 days straight
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty 5
without modification (Federal Judicial Center, 2023). An indeterminate sentence is when the
judge can give a minimum and maximum range of time that must be served (Federal Judicial
Center, 2023). In this case, it could be that an offender must serve a minimum of 3 years, not to
exceed 5 years. So, after 3 years the case will be eligible for review and if granted, they may be
able to be released on parole. The goal of an indeterminate sentence is to incentivize offenders
through rehabilitation and shorter sentences. The most common type of sentence for an offender
to receive is probation. In 2022, there was an estimated 3.6 million adults that were under
supervision which is actually about 1% lower than the year prior (Kaeble, 2022). In 2022, it was
averaged that out of every 75 people you come across, at least one is on probation (Fines and
Fees Justice Center, 2022). The goal of probation is to try to keep the prison population at bay
and utilize community-based services. Typically, probation is offered for lower-level crimes or to
offenders that do not have much history within the criminal justice system. For example, an
offender that may have shoplifted and has no prior records may be offered probation for a period
of 3-5 years. Probation is not a free get out of jail card, while most states have fees associated
with the program. Some states charge a flat fee while other states charge monthly supervision
fees. Flat fees can range around $300, while monthly fees can be anywhere around $208 (Fines
and Fees Justice Center, 2022). There are no federal guidelines for probation fees, it is up to the
state to determine what their fee arrangements look like. However, failure to pay probationary
fees may even result in jail time for the offender. Also, it is up to the offender to pay out of
pocket for their obligations. While on probation, the offender must complete various obligations
in order to have their charges dismissed. Some potential obligations while on probation may be
drug testing and programs, mental health treatment, community service or even electronic
monitoring. It is important to note that most probationary sentences are suspended sentences.
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This means that instead of being a straight probationary sentence, it is actually a suspended
sentence. A suspended sentence is when the offender is actually ordered a type of determinate or
indeterminate sentence that is suspended to them successfully completing a probationary
sentence. So, if an offender does not adhere to their probationary guidelines they will be in
violation, and either must go back in front of the judge or may be sent straight for an
institutionalized sentence. In some cases, restitution is ordered for offenders. Restitution is when
money is ordered to pay back a victim in a case. Between 2014-2016 15% of offenders had
restitution ordered by a judge, which comes out to about 2.95 billion dollars of restitution debt
(United Stated Government Accountability Office, 2018). Diversion programs are another option
that the court system may utilize to deter first-time, low-level offenders. However, most that go
through a diversion program are usually not found guilty, as that is their one chance to be
rehabilitated without staining their recorded with a guilty charge. Lastly, fines are utilized by the
court system as well to try to unclog the prison system. There is not much applicable data
available on fines within the criminal system.
One issue with sentencing, however, is the issue of disparity. To reduce disparity, the
Sentencing Reform Act of 1984 was created by Congress (Congressional Research Service,
2015). The United Stated Sentencing Commission studied and examined differences in federal
sentences regarding demographical backgrounds of individuals from 2017-2021. There were a
few key findings that were reported. The first was that black males received sentences that were
13.4 percent longer than white males. With this, black males were 23.4 percent less likely to
receive a probationary sentence in comparison to a white male. The second was the Hispanic
females received sentences that were 27.8 percent longer than white female. With this, Hispanic
females were 29.7% less likely to receive a probationary sentence in comparison to a white
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female. (Reeves, et al., 2023). There is an ongoing issue in the criminal justice system regarding
gaps in demographics that the system cannot seem to properly cut down.
Imprisonment
There are two different types of imprisonment options within the criminal justice system:
jails and prisons. Jails are short-term holding cells that are utilized at the county or local level
(Constanzo & Krauss, 2021). For example, when an offender commits a crime and gets placed
into custody initially, most counties will place the offender in their local jail to await their initial
hearing. There have been instances where offenders will serve short sentences in their local jail
such as for a misdemeanor. Some offenders may be held in their local jail while waiting for their
trial or throughout the trial process as they are usually closer to their jurisdiction courthouse than
they are while at another location. This reduces the price and effort of transportation. On the
other hand, prisons are usually utilized for convicted offenders serving much longer sentences
(Constanzo & Krauss, 2021). Once an offender becomes sentenced for a period – usually this
time period is for years on end, they will be transferred to a prison. There are state level prisons
and also federal level prisons – both are utilized dependent upon the offender’s crime and
sentencing guidelines. With these prisons, there are different levels for security purposes.
Minimum security prisons are utilized more for lower-level offenders like drug offenses or
white-collar crimes, or those that have been transferred due to good behavior. Maximum security
prisons are utilized for more higher-level offenders that are a danger to society, like murderers
and sex offenders. There are even supermax prisons that are the highest level of security, which
is the offenders that have shown to be an issue while serving their time (Constanzo & Krauss,
2021). The latest statistical table conducted by two statisticians with the Department of Justice
was released in 2023 regarding data on state and federal data. In 2022, there was a 2% increase
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in prisoners from the previous year, sitting at a population of 1.2 million at the year end (Carson
& Kluckow, 2023). The initial main goal of imprisonment is containment. If a offender is located
inside four walls securely, they do not have the tools or access to harm anyone on the outside, at
least theoretically. Once the main goal is met and the offender is confined in a prison, the next
goal is to hopefully deter the offender from committing any further crimes. The idea is that while
they are sitting in a cell, they are realizing that they do not want to live a life in a cellblock for
the rest of their lives. This in term, will hopefully prevent the offender from wanting to commit
any future crimes and want to live a life of free will. If that goal is met, then the goal of
rehabilitation can then be met. This goal is that if an offender realizes that there is more life to
live than constant reoffending and being in and out of prison walls, then they have the potential
to be rehabilitated.
Death Penalty
Capital punishment, also known as the death penalty, is the legal execution of a convicted
offender. Though many countries have abolished this form of punishment, the United States still
utilizes this punishment method in 28 states, within the federal government and the military as
well (Constanzo & Krauss, 2021). The latest statistical table conducted by a Department of
Justice statistician was released in 2024 regarding data on offenders that were, as of 22, under a
death sentence. In 2022, out of 26 total states, there were 2,270 prisoners that were under a death
sentence, with that being 4% lower than the previous year (Snell, 2024). In 2022, only six states
executed prisoners for a total number of 18. Out of 18 total executed prisoners, all of them were
male. The death penalty is not utilized often, and it takes years for an execution to even take
place. The issue many people have is morality and ethically executing someone goes against
basic humanity. Another issue at hand is that there have been instances in which a person has
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been found innocent following their execution. Currently, there are around 2,200 prisoners that
are awaiting execution which has actually decreased due to sentence reversals and the actual
executions (Death Penalty Information Center, 2025). The hard to answer question at hand is
does the death penalty truly and actually deter murder?
Alternatives
With all of this said, what is the answer to how the criminal justice system should handle
sentencing? It is a tough question to answer and there may truly not be an easy answer. On the
outside looking in, there are so many ways that the criminal justice system could be fixed,
however that is easier said than done. Alternatives to incarceration are a great start, however the
issue is does that truly break recidivism? Maybe, but it’s worth trying. Low level offenders and
first-time offenders should be offered community-based sentences to keep the issue of prison
overcrowding at bay. However, there needs to be a standard with community-based sentences,
and it should be ensured that there is a fallback if the offender does not comply. This is why
suspended sentences should be standard for any offender that is being placed on probation or
given a fine. For an offender to know that if they do not comply with their community-based
services, they will return to the court system or be taken for an indeterminate or determinate
sentence is critical. There needs to be something almost dangling over their head to ensure
compliance and rehabilitation efforts being met. Truly the answer of the prison system lies within
ensuring that there are basic guidelines and regulations that ensure fairness. There should be no
reason for two people committing the same crime, but due to demographic reasons one is in jail,
and one is in the community. There needs to be more federal regulations with sentencing
methods across the board. It would take years for the criminal justice system to ever change and
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the answer may not lie in this paper, however there are portions of the system that has the ability
to change quicker than others with the right people in charge.
Biblical
The prison system dates all the way back to the bible, even in Genesis. Joseph was
imprisoned in Egypt and through his faith in God, he was blessed. Paul and Silas were even
jailed for preaching the Lord’s word in Acts. However, by keeping their faith, they were released
from prison. The bible reminds us that even through such tough times, even being physically in
prison, that you can get through anything through God. This is why there are so many faith-based
prison initiatives and programs. Many inmates oftentimes find themselves through the word of
God while imprisoned. Regarding the death penalty, the Old Testament very heavily relied on
capital punishment. In Genesis 9:6 it is stated that “whoever sheds human blood, by humans
shall their blood be shed,” (New International Holy Bible). In the New Testament this ideology
shifts more so towards forgiveness and mercy, through Jesus. Overall, imprisonment is not
always the first course of action in the bible. The bible favors and believes in repentance over
punishment. The bible reminds the world that change, and rehabilitation is more important than
seeing someone live the rest of their life in a cell without change.
Conclusion
The correctional system makes up a large portion of the criminal justice system that
enforces punishment with a goal of rehabilitating offenders to prevent recidivism. The
correctional system follows the investigation process following law enforcement formally
charging an offender with a crime. After this, sentencing will begin through either a jury trial or a
judge’s determination. The two options for sentencing are either community based or
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institutionalization. Through either path, the main goal is still rehabilitating and holding the
offender accountable for their actions. Depending upon the crime committed there is also a
possibility of capital punishment, which is the execution of a person due to the severity of their
crimes. The sentencing and imprisonment portion of the criminal justice system is a highly
important aspect that will hopefully deter and rehabilitate an offender.
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