Corrections, Sentencing, Imprisonment, and Death Penalty
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty
Titeonya Speight
Liberty University
CJUS 640: Psychology and the Legal System
Professor Erica Hutton
July 03, 2023
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Corrections, Sentencing, Imprisonment, and Death Penalty2
Abstract
Once an individual is convicted of a crime, they will receive a sentence that reflects a fair and
appropriate level of punishment. The court, when determining the suitable sentence, considers
various factors such as the person's abilities, physical well-being, prior criminal record, and the
specific circumstances surrounding the offense (Costanzo & Krauss, 2021). A person who has
already served time in prison may face further sentencing. The United States has the highest
incarceration rate in the world, resulting in an annual cost of nearly $80 billion (Bagaric et al.,
2018). Exploring alternative options that benefit individuals and generate revenue for
government agencies could be advantageous. However, regardless of the progression or severity
of the illness, the next step typically involves either probation or imprisonment. In exceptional
circumstances, an individual may receive a death sentence as a form of punishment. This study
aims to examine the topic of punishment, incarceration, potential solutions related to
imprisonment, and the use of the death penalty. The study will explore different types of
penalties that can be imposed on criminals, including alternatives to incarceration and capital
punishment.
Corrections, Sentencing, Imprisonment, and Death Penalty3
Research Paper: Corrections, Sentencing, Imprisonment, and Death Penalty
According to Psalm 50:21 in the New International Version (NIV) of the Bible, it states
that when individuals engage in certain actions and God remains silent, they may mistakenly
believe that God is like them. However, the verse implies that God will eventually confront them
and present evidence against them. Similarly, in our legal system, whenever someone violates the
law, the legal process must be initiated. This can involve either negotiating a plea deal or going
through a trial to establish their innocence. If an individual is proven guilty of a crime, it is
important that they face appropriate punishment, as stated by Costanzo and Krauss (2021). The
court has the responsibility of determining what punishment is justifiable and fitting for the
crime committed. During this process, the judge considers various factors such as the offender's
mobility, health, criminal record, and internal and external factors that contributed to the offense.
As a result, foreign offenders who commit the same crime may receive different penalties based
on these considerations, as outlined by Costanzo and Krauss (2021). According to Costanzo and
Krauss (2021), the Sentencing Reform Act of 1984 requires judges to follow specific guidelines
when determining guilt and assigning punishments. Consequently, individuals who have been
convicted may serve either short or long prison sentences. It is noteworthy that the United States
has the highest incarceration rate globally, surpassing other nations, and the annual cost of this
extensive imprisonment is estimated to be around $80 billion (Bagaric, Hunter, & Wolf, 2018).
Based on the nature of the offense, there are alternative options to incarceration available.
These alternatives not only prevent individuals from being sent to jail or prison but also have the
potential to save cities money, which can then be utilized for other local government initiatives.
While imposing probation on offenders helps generate fines for the city government, there are
various additional alternatives that can achieve the same objective while providing much-needed
Corrections, Sentencing, Imprisonment, and Death Penalty4
support to someone else in need. In lieu of solely resorting to imprisonment or strict supervision,
individuals often require guidance, education, or therapy to aid in their personal growth and
problem resolution. These interventions should be implemented consistently, regardless of
whether the issue persists or worsens. In extreme cases, an individual may receive a death
sentence. While the use of the death penalty decreased significantly in the United States during
the first half of the twenty-first century, it continues to be employed in severe circumstances
(Jones, 2018). Regardless of whether in our earthly existence or in the afterlife, it is essential to
uphold righteousness, or else we will face punishment. Ecclesiastes 9:3 in the New International
Version (NIV) states that a similar fate awaits everyone, and this is the unfortunate reality of all
that transpires under the sun. Furthermore, it acknowledges that humans possess wickedness and
folly in their hearts during their lifetime, and when they pass away, they join the deceased.
Prison and Judgment
Upon arrest, an individual may experience varying durations of detention, ranging from a
brief period to an extended stay. Notably, over the past three decades, the number of prisoners in
the United States has escalated by 500 percent (Fry-Geier & Hellman, 2016). Whether
incarcerated in a jail or a prison, these institutions have consistently shared a common objective.
The objectives of imposing injuries that remove offenders from the streets, serving as a deterrent
for both the specific suspect and society at large, seeking retribution, and promoting atonement
were highlighted by Costanzo and Krauss (2018). It is of utmost importance to assess the gravity
of a crime based on compelling evidence that cannot be refuted, similar to the evaluation
required for the adequacy of a conviction (Du Bois-pedain, 2017). According to Costanzo and
Krauss (2018), prison sentences pose a higher risk of recidivism compared to alternative methods
Corrections, Sentencing, Imprisonment, and Death Penalty5
for individuals convicted of the same crimes. This highlights the challenges associated with
using prisons as an effective rehabilitative strategy.
Alternatives
As stated in 2 Peter 3:9 in the New International Version (NIV) of the Bible, the Lord
does not delay in fulfilling his promises, as some perceive delay. Instead, his kindness towards
all is a result of his desire for everyone to repent and find redemption. Starting from the early
1980s, there has been a significant surge in the number of prisoners, despite the attempts made
by local regulatory authorities to find cost-effective methods of accommodating and providing
sustenance for these offenders (Jefferson, 2017, pp. 107). As a new approach, minor inmates are
being considered as alternatives to incarceration. It is not only the responsibility of the jails but
also the municipal authorities to generate revenue. Although the cost of incarcerating individuals
is exorbitant, habitual criminals have demonstrated a lack of respect for the law. However, it is
worth noting that individuals struggling with drug or alcohol dependency can be an exception to
this general rule in certain circumstances.
Presently, prisoners are provided with the opportunity to participate in educational
classes. Based on the seriousness of their offenses, individuals may choose to enroll in courses
aimed at aiding them in finding solutions to their problems. In instances where a person agrees to
pay a drug or alcohol fee, the council attorney's office or a judge may require them to complete
an alcohol and drug education program, with the responsibility of funding the program falling on
the individual themselves. Upon successful completion of the course, the case may be dismissed
or marked as accomplished, allowing the student to continue utilizing the acquired skills going
forward. In cases involving domestic abuse, individuals may be required to enroll in and
successfully complete an anger management class as a means of addressing their involvement in
Corrections, Sentencing, Imprisonment, and Death Penalty6
such incidents. Upon fulfillment of the course requirements, they may be released. However, for
individuals already grappling with dependency issues, undergoing in-house alcohol and opioid
treatment could potentially present an additional setback. As a final option for rehabilitation, an
individual who has already progressed through various stages of the legal process and has
completed a drug and alcohol course may have the opportunity to appear before the original
judge before being incarcerated or facing bankruptcy. For individuals with a recurring pattern of
opioid and alcohol use, it is crucial to provide them with substantial support. Selecting an inmate
for an internal program could not only potentially save a life but also contribute to reducing the
number of offenders in overcrowded jails.
An alternative to incarceration is the option of probation suspension. This involves
closely monitoring the conduct and actions of the offender through daily reporting and assigning
a probation officer to closely supervise them (Leka, 2017). This approach is commonly
employed in cases involving teenage probation. The young individual will provide testimony,
undergo random medical check-ups if deem necessary by the officer, and may be responsible for
covering the expenses associated with monitoring during this period. Shortly after, the child and
prosecutor appeared in court, where the police officer testified before the judge about the good
behavior exhibited by others involved. Subsequently, the judge either dismissed the accusations
or rendered a guilty verdict against the children.
Capital Punishment
The utilization of the death penalty in the legal system is a highly contentious topic, both
within the United States and globally. The death penalty involves sentencing individuals or a
group of people to death as a form of punishment. Supporters of the death penalty argue that it
helps eliminate criminal gang members from society. However, their assertion overlooks the
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significant number of cases where wrongful convictions have been issued by the courts,
undermining the validity of their argument. The death penalty is implemented by the government
for crimes classified as capital felonies, including acts like treason, murder, and terrorism.
However, alternative forms of punishment, such as rehabilitation in prisons, can be employed to
prevent situations where families are left mourning the loss of their loved ones. Lethal injection,
electrocution, hanging, gassing, and other methods are used for executions in cases involving the
death penalty. Nonetheless, executing offenders promotes violence instead of focusing on
rehabilitation, making it a brutal practice. Moreover, it has been found ineffective in deterring
criminal behavior. The death sentence also infringes upon an individual's right to life and is
associated with biases and prejudices. Considering these factors, the death penalty serves no
useful purpose as it fails to uphold the right to life and neglects the opportunity for rehabilitation.
Pilate questioned, "What then shall I do with Jesus, whom they call the Messiah?"
(Matthew 27:22-23). In response, the crowd cried out, "Crucify him." When Pilate inquired
about the crime Jesus had committed, they vehemently shouted even louder, "Crucify him!"
(Matthew 27:22-23, NIV). The application of the death penalty has undergone fluctuations
throughout history. Although the death penalty is still practiced in certain countries, in 2014, only
32 states within the United States retained its use, while others were urged to abolish it (Costanzo
& Krauss, 2018). A study suggests that the elimination of the death penalty promotes greater
individual equality and the continual progress of civil rights. The study concludes that all
endeavors aimed at abolishing the death penalty can be considered advancements in safeguarding
the fundamental right to life (Waldo & Myers, 2019). As a Christian, I hold a strong belief that
God is the ultimate arbiter of punishments, administering them according to His divine wisdom.
While it may be challenging to justify the taking of another person's life, we must acknowledge
Corrections, Sentencing, Imprisonment, and Death Penalty8
that God has granted us the freedom to choose between good and evil. Therefore, would it be
ethically wrong to spare someone's life when they have committed a grave injustice and reveal
themselves as truly evil through irrational means? In the Old Testament, God empowered David
to defeat Goliath, suggesting that we also possess the ability to choose evil if granted by God.
While the death penalty is not always necessary, in some instances where individuals commit
heinous acts and pose a risk of repeating them, it may appear as if there are no other viable
options. However, it is important to note that these circumstances are rare and should be
approached with utmost caution and careful consideration.
In the United States, certain restrictions have been imposed on the application of the
death penalty, ensuring that individuals with intellectual disabilities or an IQ below 70 cannot be
executed. Additionally, it is prohibited to impose a death sentence on individuals who are 17
years old or younger (Costanzo & Krauss, 2018). These restrictions recognize the understanding
that individuals with intellectual disabilities or developmental disorders may not have full control
over their behaviors, and they consider the fact that the brain of an adolescent is still developing
until the age of around 25 years. These restrictions provide significant support and a safe haven
for individuals who require assistance, ensuring their well-being within the community. The jury
members involved in the process are considered "professional" (Costanzo & Krauss, 2018), and
they actively oversee the deliberations of the jury once the offender is found guilty and
sentenced. This two-stage process involves the determination of the offender's responsibility for
the committed crime in the first stage, and the possibility of execution in the second stage
(Costanzo & Krauss, 2018). Throughout the initial jury selection process, potential jurors are
thoroughly evaluated with regard to their views on the death penalty, both in favor and against.
The jury is then "death eligible" as they carefully consider all the evidence presented and make
Corrections, Sentencing, Imprisonment, and Death Penalty9
the decision on whether to impose the death penalty (Costanzo & Krauss, 2018). This ensures
that the chosen jury members have a well-informed perspective when determining whether or not
the death penalty is a suitable option.
Design of Policy
If elected as governor of a state, I would approach the issue of the death penalty
strategically. While it is the responsibility of judges to impose punishments, I would actively
seek alternatives to incarceration in order to reduce the number of offenders and potentially
increase revenue for the local government. As a Christian involved in politics, I firmly believe
that the state should administer a punishment that is both justifiable and fair, aligning with my
religious beliefs. My goal would be to ensure that justice is served while also aiding with those in
need.
This policy aims to prioritize helping and support to individuals in need rather than
focusing solely on punishment, emphasizing fairness. Depending on the nature of the crime
committed, individuals may have the option to pay for treatment, classes, or lessons that can aid
in their rehabilitation. In cases where the person lacks the means to pay, the organization offering
therapy or classes may be eligible for or required to provide community service. Unless the
severity of the crime warrants the death penalty, a single petition will be submitted, and a defense
attorney will be promptly appointed. While individuals have the right to defend themselves, it is
important to ensure that both a defense attorney and a prosecution attorney are involved to
ensure a fair presentation of evidence and promote the principle of presumed innocence for all
parties involved.
Conclusion
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The gift of liberty bestowed upon us allows for the exercise of both virtuous and sinful
actions. It is a universal truth that everyone makes mistakes, and there are consequences to be
faced. When adults violate the law, they are held accountable for their actions and subject to
punishment commensurate with the severity of the crime. As the proverb in Ecclesiastes 3:1
(NIV) states, every activity has its appropriate time and season under the heavens, emphasizing
the importance of discerning and acting within the proper bounds of law and morality. I firmly
hold the belief that everyone deserves a second chance. Whenever possible, individuals should
be given the opportunity to redeem themselves. There are many individuals in this world who
may need assistance but are either too hesitant to seek it or are unaware of their need until it is
addressed. Providing alternatives to incarceration offers a second chance for individuals to
receive the help and support they require.
In addition to supporting individuals in need of financial assistance for their education, it
is important to contribute funds to local nonprofit organizations. These additional resources can
be utilized to benefit our communities through various city initiatives. One example of this is the
"Shop with a Cop" program. This is a program which utilizes a portion of the surplus funds
received by the district each year. This initiative provides young individuals in the community
with the opportunity to visit a store, usually Walmart, and make a purchase while being assisted
by a police officer. This not only helps to rebuild the community but also fosters a positive
connection between law enforcement and citizens. When a crime reaches a certain level of
severity that warrants imprisonment, the offender may receive penalties such as probation, prison
time, or a jail sentence. However, in certain instances, particularly in cases of extraordinary
crimes, the sole punishment imposed on the offender may be a monetary fine.
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As a Christian, I remain uncertain about whether to support or oppose the death penalty.
In cases where an individual is sentenced to death, they are afforded the opportunity to file an
appeal. They can also request a defense attorney or secure one independently to challenge and
potentially overturn their death sentence. The search for justifications to exclude the person
facing the death penalty allows law enforcement or defense counsel to uncover new evidence or
reevaluate previously collected information. Ultimately, I believe that God is sovereign, and
everything is in accordance with His divine plan. If His children were wrongfully convicted, His
justice would prevail, ensuring righteousness. An analysis revealed that over half of the cases
involving death sentences contained errors, necessitating the need to overturn these verdicts.
When individuals exercise their right to appeal, they can identify these errors, as misconceptions
often arise due to common human failings (Costanzo & Krauss, 2018). Recognizing this, I can
perceive God's presence at work, ensuring that true justice prevails. Despite our fallibility as
humans, He is capable of rectifying our flaws and bringing about what is right.
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References
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THE END OF THE PRISON CRISIS. Journal of Criminal Law & Criminology, 108(1),
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Costanzo, M., & Krauss, D. (2021). Forensic and legal psychology: psychological science
applied to law (4th ed.). Worth Publishers.
Du Bois-pedain, A. (2017). In defense of substantial sentencing discretion. Criminal Law Forum,
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REHABILITATION THROUGH THE UTILIZATION OF SCHEDULED CONTRACTS
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Jones, B. (2018). THE REPUBLICAN PARTY, CONSERVATIVES, AND THE FUTURE OF
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Shop with a cop. Town of Wake Forest, NC. (2022, December 7).
https://www.wakeforestnc.gov/police/community-outreach/shop-cop
The Holy Bible: Today’s new international version, (2005). Grand Rapids, MI: Zondervan.
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criminologists impacted capital punishment practices? American Journal of Criminal
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