Alternatives to traditional prosecution. Law Essay (Essay Sample)
DESCRIBE ALTERNATIVES TO TRADITIONAL PROSECUTION
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Judicial Processes
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Alternatives to traditional prosecution.
Alternatives to traditional prosecutions are other ways in which the judicial system can achieves justice for criminals while protecting the society. Retribution was the answer to most of the traditional prosecutions of crimes. It is based on the biblical concept of “an eye for an eye and a tooth for a tooth”. Debts must be paid accordingly in proportion to their size. Retribution severed as a general public reminder of the law.
Deterrence is a form of traditional prosecution that ensures that members of the public would not commit crimes after observing the punishments of other wrong doers. Deterrence presumes that humans decide their actions after assessing the benefits and losses of their actions. Incapacitation is the third form of traditional prosecution (Siegel, 2015). It means the detention or execution of the offender to prevent them from committing more crimes.
Finally, incarceration, which is confinement to prison, is the most common form of traditional prosecution. For a first degree felony, the sentence may be between five to ninety nine years. Traditionally, once a defendant had pleaded guilty, the defendant would face sentencing by a judge with regards to their crimes. The judge will decide the sentence based on the limits set by the law. Capital punishment is a death penalty for serious crimes.
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