Florida Justice: Why we throw away the key

We have all heard, time and time again, about our United States constitution and the protections that it affords to us, particularly in the area of the criminal justice system. You may be surprised, however, to learn that our sentencing practices as far more aggravated than those issued over seas. The truth is that the "land of the free", puts more citizens in prison than its less humane counterparts.

First off, it is important to understand that rehabilitation has been off of the table for some time and punishment is the name of the game. Prison, fines and an endless array of other penalties exist primarily for the purpose of "pay back". The primary justification of the United States criminal process comes from the seeking of retribution. For those of us who defend, it is well understood that the victims of crime firmly believe that the perpetrators should suffer the most serious of consequences as a result. Retribution is at the heart of our formua which comprises criminal prison sentences.

Another intended purpose is that of simple deterrence. The belief is that the harsh punishment of criminal offenders will make others think twice before committing a similar crime. Capital punishment is designed to prevent specific criminal conduct and this is the argument most used for promoting its main stream acceptance. It is common knowledge that would be offenders are less concerned about penalty that the risk of detection and capture - even if the punishment is moderate - than they are by severe sentencing. The deterrence argument also applies to that offender: perhaps he will be less likely to re-offend now that he has experienced prison.

The third "stated" reason is incapacitation. This argument is most effective for habitual offenders and may be less relevant to one-time offenders. Incapacitating criminals by putting them in prison, where they cannot commit crimes that hurt society generally, is a favored reason for long prison sentences.

Another additional intended purpose that is routinely stated in various legal publications is that another goal is denunciation. When examining our history as a society, it is difficult to ascertain the acceptable meathods of punishing criminal acts. Traditionally, denunciation often occurred publicly and in a humiliating way. For instance, in the pre-Revolution American colonies, offenders were often punished by being put in the stocks in the middle of the town square. While suspects no longer face the stocks, the humiliation for a typically law-abiding citizen can be overwhelming.

When deciding on sentencing policy, legislators should always examine the ramifications of the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishments. That amendment prohibits execution for many violent and particularly henious criminal acts.

In closing, as the times continue to change, so will our reasons for employing a particular form of criminal punishment. Unfortunately, the concept of true rehabilitation is not expected to re-enter the picture in our lifetime. For this reason, we may expect our jails and prisons to be higher learning facilities for career criminals thus increasing the amount of prison release reofender filings.

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