Punishment for Crime should be Individualized Essay

Crime and the penalizations for detestations encounter been the subject of views for centuries.  When asked, most stack would guess that slew who contribute crimes should be punished for it in roughly way. When deciding besides what kind of punishment should be given to the offender, is when the debate begins.  The reason for the debate comes about because there ar significant differences in how people view punishment and what punishments should be used for different crimes. intimately people struggle with the question of what kind of punishment is fair for the offender.  In the past, people name at times been treated differently for rattling similar crimes, this created upset among the people who cried out for equal treatment for everyone.  What those people fail to realize is that equal is not always fair.  Although near tip of structure in sentencing is needed, there should be some leeway fork outd in order to individualisticize the condemn to make the punishment fit the precise crime. In order to determine what is considered fair and equal punishment, the starting signal step is to identify what punishment is. One definition of punishment is the deal infliction of physical harm on an offender or his airplane propeller without his consent because he is an offender, scarce for reasons new(prenominal) than self-defense (H providediday, Appendix B.).  In the legal system, punishment is inflicted upon an offender as a direct answer of negative behaviors for the purpose of deterring coming(prenominal) behaviors these ar called sentences.  Different members of society however have different ideas of what kind of punishment is fair. What some people tone of voice is fair and however as a particular punishment for crime, others get hold is cruel and inhumane.  During some eras in history, sentences for crimes were not fairly and equally turn over out to all citizens.  People with higher comm unity status were sometimes given lighter or no sentences for crimes that other people were harshly punished for.  Due to the differences in sentencing and an increasing crime rate, changes in the jurisprudence and punishments were needed (Lehrer).In an attempt to make sentencing fair for everyone, President Ronald Reagan passed a worldwide Crime Control Bill on October 12, 1984 (Kaufman, 1).Through this, the Sentencing Reform action of 1984 created The United States Sentencing Commission which developed a set of sentencing guidelines for specific crimes.  These guidelines created needed sentencing for anyone who committed certain crimes, which took away all ability for the think or jury to individualize sentences for individuals or for individual crimes (Kaufman, 1).  Although these guidelines were developed with good intentions to provide the average and underprivileged with the same rights as the wealthy, there are other pointors in crimes that were not taken i nto consideration.It is a well known fact that not all crimes are created equal.  Murder is obviously a more(prenominal) serious offense than theft and should not have the same consequences and hardly a(prenominal) people would argue that the consequences should be the same.  The problem of fairness becomes more of an thin out when the end number of the crimes are similar.  The theme or cause of the crime however might have been completely different.  While it is easy to say that a punishment should be less severe for stealing jewels than for soulfulness who takes a human life.  The consequences however are the same for a mortal who shoplifts a CD to avoid paying for it and a soulfulness who steals a can of soup to feed a starving family.  Because the end result is the same the law requires that the offenders be punished equally, save the motive in the case is quite different.  The same is true when comparing a psyche who commits murder over a bad drug deal compared to a woman who kills her husband after years of suffering abuse. Because the sentencing guidelines are base on the end result of the crime, penury is not considered.  Judges are required to pass sentence based on the needed sentence.    regular(a) over half of the national Judges would chose to eliminate the mandatory sentencing guidelines and 82.8 portion believe that adjudicate would be better and more efficient at choosing the sentence for crimes (Pratt, 1). If the guidelines were eliminated or at least changed, the judges, juries or news boards would have more freedom to take into consideration special circumstances place the criminal behavior.  This would reintroduce the possibility for some mistakes or personal preferences, but it also allows for some leniency for crimes with less criminal motivation.The problem with mandatory guidelines has gone so far as to invade the public rail system.  In schools, it is called the ze ro-tolerance indemnity.  This policy was introduced into most public schools after the shooting at the Columbine, Colorado high school and the increased number of school shootings that followed.  This policy states that any child, who brings a weapon to school, threatens to or harms other students, or indicates conflicting ideation will be punished.  The punishment ranges from suspension to actual criminal charges.The presumptuousness behind the policy is to take all threats seriously.  The problem with it is that children are no longer allowed to be children.  When children get angry they much threaten them, but due to the policy children are getting suspended from school and arrested for draw pictures of guns and for using dinnerware to peel oranges for lunch (Dart, 1).  These rules, like the mandatory sentence guidelines for adults takes all of the common sense and reason out of assigning consequences for various behaviors.In January of 2005 a Supreme Court decision provided some hope for the future of fair sentencing.  The court ruling declared mandatory guidelines unconstitutional (Edelstein, 1).  This provides the judges a little more freedom to use desertion.  The mandatory sentences are still the default sentence, but based on the circumstances ring the case, the judge has the right to rule outside of the guidelines if appropriate (Edelstein,1).  In these cases the judge can provide lighter sentences to people whose special situations led them to commit a crime they otherwise would not have considered.Mandatory sentences often also include cry guidelines which mandate at what point in the sentence a criminal might be eligible for parole or if parole is even an opportunity.  In cases where an inmate can not ever be eligible for parole, there is very little motivation for the person to use positive behavior while incarcerated.  The person in these cases have no hope of getting a reduced sentence beca use of merits accomplished while in prison.  By providing the judges to claim the sentence, parole can be made more of an option to motivate criminals to choose rehabilitation instead of continuing to have problems during the time in prison.  This would friend lead to more people successfully being rehabilitated.  By providing more inmates the opportunity for reduced sentences and rehabilitation, there would be significantly less of a problem with prison overcrowding.Although the guidelines for sentencing were created to make the legal system and criminal punishments fairer for everyone, they have gone to the extreme and are now causing harm to some people.  A legal system that provided special treatment for the rich and illustrious was wrong, but a legal system that requires horribly abused women to endure the same sentence as a child killer is just as wrong.  there should be some basic guidelines, but at the same time there should be provisions in which the motive of the crime and the background behind the crime should be taken into consideration.  There is no such thing as a cookie sculpturer crime and there should not be uniform punishments to for the crimes.Every person is individual and when an individual commits a crime, a little time require to be taken to determine the best and most effectual punishment for that crime.  Some people would benefit more from community service or therapy than being put in jail.  Prison in many cases proves only to harden people and makes a person less likely to be able to adequately adapt to society upon returning to it.  Parents who have more than one child do not discipline all of the children in the same way for similar behaviors, because different consequences are more effective for different people.  Based on this fact, the sentencing guidelines need to be re-examined and adapted to be sure that the best possible consequence is given for each individual and each offense.  Works CitedEdelstein, Jonathan. Sentence Structure 31 August 200526 February, 2008. <Sentence structure (The Head Heeb)>Dart, Andrew. Zero Tolerance vs. Common brain 19 December 2008.25, February 2008 <Zero-tolerance vs. common sense>Lehrer, Eli. Soft Cell. 9 June, 2003. 25, February 2008< AEI Short Publications>Pratt, Robert. Senseless Sentencing a Federal Judge Speaks Out. 10 January 1999.            Des Moines Register.  25, February 2008<Pratt>Halliday,Roy. What Good is Punishment? 1 January 2003. Appendix B. What good is punishment>Kaufman, Shari. The Federal Sentencing Guidelines A Formulaic and Impersonal Approach to Dispensing Justice. (1999) the Federal Sentencing Guidelines A Formulaic and Impersonal Approach to Dispensing Justice