There are many types and levels of punishment offered in post-conviction in the United States. They are guidelines set forth by both federal and state criminal codes. Judges have discretion as to what actual sentence is imposed as long as they are within the legal guidelines. The various types of punishments issued upon conviction include deterrence, incapacitation, retribution, restoration, and rehabilitation.
Deterrence
Deterrence majorly focuses on persuading an offender to abide by the set rules of law. Deterrence has four types that include specific, marginal, general, and partial deterrence. A specific deterrent has the role of altering an offender's future behavior, while marginal deterrence obliges to reconcile the effectiveness of specific and general deterrence. The partial deterrence attaches a deterrent value when an offender is involved in unlawful behavior(Hoskins, 2019). Lastly, general deterrence opines to comprehend how one person's punishment can prevent others from engaging in similar crimes.
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Retribution
Retribution is about preventing crime through providing the society or people some sense of contentment, in the sense that an offender has been punished fairly and appropriately. The role of this punishment is to show that the justice system is just. Examples of retributions include fines and mandatory sentencing for some offenses (Hoskins, 2019).
Rehabilitation
The type of punishment helps offenders or criminals to overcome various barriers that rendered them to commit a crime. Multiple skills are taught to help with rehabilitating a prisoner, such as occupation skills, solving problems like aggression and drug addiction. The role of this punishment is to transition criminals back to normal societal living (Hoskins, 2019).
Restoration
Restoration is a bit different from other forms of criminal punishment. According to Easton & Piper (2016), the sentence restores the criminal by making personal and direct changes to the community and the victim. Both the victims and the offender meet to share concerns. The victims are bequeathed the chance to be heard, while the criminal changes his or her behavior and receives forgiveness. In most cases, this type of punishment involves juvenile prisoners.
Incapacitation
The offender or criminal is physically withdrawn from society. Examples include house arrest, the death penalty, among others. The aim of this punishment is not helping the offender but the society from suffering such heinous acts from criminals . Among the five types of punishment, incapacitation is arguably the least effective (Easton & Piper, 2016).
References
Easton, S., & Piper, C. (2016). Sentencing and punishment: The quest for justice . Oxford University Press.
Hoskins, Z. (2019). Prosecutors, guilty pleas, and collateral legal consequences. Beyond Punishment? , 191-208. https://doi.org/10.1093/oso/9780199389230.003.0008
