Search Results for deterrence

...David Deitch; Jeffrey Hamlin © The Ohio State University The Federal Government s Enforcement Actions Against Internet Poker: An Example of Deterrence Without Draconian Punishment Judges often say that to sentence a criminal defendant is one of the hardest things they do on the bench...

... factors and tries to achieve one or more of the oft-cited purposes of punishment: incapacitation (to protect the public from further crimes committed by the defendant), deterrence, restitution, retribution, and rehabilitation. The federal sentencing statute instructs the court not to impose a sentence...

... as having a deterrent component. When assessed in conjunction with other financial penalties, including fees and restitution, the collective economic burden of these sanctions can be significant. An increasingly robust body of literature highlights the unequal impact and collateral harms...

... the differences and offer explanations. Such differences result from distinct approaches to supervised release violations: punishment versus rehabilitation. The differences may also arise from types of cases, number of matters, and use of supervised release as a deterrence. The discussion illustrates the more...

... provide additional deterrent benefits in the aggregate, though some studies also had null effects. None suggested a strong aggregate-level criminogenic effect. We argue that a conclusion that longer sentences have a substantial criminogenic effect, large enough to offset incapacitative effects, cannot...

.... There is a better way. Vera’s February 2023 paper “A New Paradigm for Sentencing in the United States” puts forth new guidance about what it means for sentencing to “work,” freed from the weight of the previous rationales of retribution, deterrence, incapacitation, and rehabilitation, which as practiced...

... documented by Professor Cassell. Because officers internalize few, if any, of the benefits of effective policing, when they perceive a risk that they will be made to internalize its costs, over-deterrence is the likely outcome. There are, moreover, important policy implications of this conclusion. Policing...

... and public safety. It synthesizes the best available research on the incapacitation and deterrent effects of prison sentences and examines whether, and to what extent, prison sentences affect individual criminal behavior and overall crime rates. The relationship between long prison sentences and public...

... sanctions that have been recognized as legitimate retribution, deterrence, incapacitation, and rehabilitation. 13 The relationship between the culpability test and the purposes of punishment test has not always been clear. The Graham Court merely stated that [t]he penological justifications...

... to incapacitate him. He is not dangerous. It is most improbable that he will commit similar, or any, offenses in the future. There is no need for speci c deterrence. Contrary to counsel s submissions, however, two sentencing considerations demand a prison sentence in this case: First, the aim of general...

... on sentencing, the Basic Laws will have a strong impact on court decisions. Supreme Court decisions established a hybrid punishment model in which judges have regard for all the considerations in punishment (rehabilitation, deterrence, desert, and incapacitation), in which no decisive position is taken...

... on the reasoning of these early thinkers alone, there is cause to extend the early prohibitions against punishing the non compotes mentis beyond capital punishment. First, Blackstone s assessment that the lack of a deterrent effect of punishing someone with mental incapacity rendered execution cruel and unusual...

... . 4 · A P R I L 2 0 0 3 and the data is that the real deterrent for many of those people is the stigmatization. Most of my clients, the jail time is the icing on the cake. These are people who generally have no prior record and they have business licenses; theyÕre lawyers, doctors, accountants...

... deterrence to criminal conduct (18 U.S.C. ¤ 3553(a)(2)(B ¥ protecting the public from further crimes of the defendant (18 U.S.C. ¤ 3553(a)(2)(C and ¥ avoiding unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct (18 U.S.C. ¤ 3553(a)(6), 18 U.S.C...

... not happen during a 30-month postrelease tracking period because the person reduced their criminal activity (speci c deterrence or rehabilitation effects), and (c) arrests that happened post-release because the person increased their criminal behavior following their incarceration (criminogenic effect...

... due to the prosecutor s egregious misconduct in breaching its plea agreement.2 The court observed that simply holding the government to its bargain would under the circumstances of the case have been equivalent to no remedy at all.3 Instead, an additional remedy was necessary to have a deterrent...

...—no matter their worst act—could be salvaged, and deserved happiness. © The Ohio State University Judge Weinstein sentencing sentencing guidelines mandatory minimums terrorism child pornography deterrence Sentencing with Love, Not Hate I. Just get out of the way and let him do his thing...

.... Deterrent value of increasing prison terms is very limited The effect of mandatory prison terms on deterring crime is limited because they address the severity of punishment rather than the certainty. Research on criminal penalties over many years has demonstrated that deterrence is far more effective...

... of retributionand deterrence (the"tariff"H). e commented thathe could not determine theboys' rela tiveculpability,and stated: Very great carewill have tobe takenbefore either defendant is allowed out intothegeneral commu nityM. uch psychotherapeutic,psychological and educational investigationand assistance...

... objective acts, penalty, and emphasis on deterrence: The objective acts of the appellant, which did not go beyond collecting materials for future use, did not give rise to any imminent, let alone actual threat of personal injury or damage to property. Such preparatory acts, even though criminalised, would...