Text A. Punishment and Sentencing

After a defendant has been found guilty of a crime by a jury, a judge, or his/her own admission of guilt, the state has the right to impose a criminal sanc­tion or punishment. In criminal justice system, the procedure in which the nature and extent of punishment is decided is referred to as the sen­tencing process.

Punishment and sentencing have gone through various phases throughout the history of the civilization. Initially, a full range of punishments was inflicted on criminal defendants, including physical torture, branding, whipping, and, for most felony offenses, death. At one time, the philosophy of punishment was to "torment the body for the sins of the soul." People who violated the law were punished severely. If the punishment was harsh enough, it was assumed, they would never repeat their mistakes (a concept referred to today as specific deterrence). Legality of these types of so-called corporal punishment varies from country to country.

Punishment was also viewed as a spectacle that taught a moral lesson. The mоre gruesome and public the sentence, the greater the impact it would have on the local populace. Harsh physical punishments would control any thoughts of riot and protest against the central government and those who held political and economic control.

In contrast to these earlier goals of punishment, contemporary views require that criminal penalties should be proportionate to the seriousness of the crime, that offenderrehabilitation should be a relevant goal of sentencing, and that punishment shouldn`t be moresevere than the minimum needed to deter future behaviour.

In modern society, the most important and common forms of criminal punishment are:

■ Community sentences —periods of supervision in the community during which the criminal is required to obey the rules of behaviour and may be asked to perform tasks, such as to make restitution to the victim.

■ Alternative sanctions —a full range of punishments that vary from community sentences to secure confinement. These include, but are not limited to: fines (monetary payments made to the court reflecting the costs to society of the criminal act), electronic surveillance, house arrest, community corrections.

■ Incarceration / imprisonment —a period of confinement in a prison, jail or community-based treatment facility.

■ Capital punishment, also known as the death penalty — the most extreme form of punishment, sometimes used in the countries where beating is seen as inhumane. Methods of capital punishment include crucifixion [krisə´fik∫(ə)n], hanging, the firing squad [´faiəriŋ ´skwod], burning at the stake, lethal injection, gas chambers and starvation.

Punishing criminal offenders continues to be one of the most complex and controversial issues in the criminal justice system. Its complexity stems from the wide variety of sentences available and the discretion judges have in applying them. Theproper sanction for a particular criminal defendant is often difficult to determine, and there is little coordination in judicial decision-making. The controversy over punishment involves both its nature and extent: Are too many people being sent to prison? What is the impact of sentencing disparity? Is there discrimination insentencing based on race, gender or social class? These are but a few of the most significant issues in the sentencing process.