Answer to Question 1
Answer: Several constitutional provisions come into play during sentencing and punishment. The most significant provisions in the Constitution in regard to sentencing and punishment can be found in the Eighth Amendment. The excessive bail clause in the Eighth Amendment is the only to have not been incorporated, which means that it does not apply to the states. In regard to cruel and unusual punishments, the Supreme Court has held that the concept of cruelty is changing, which has resulted in an explosion of in Eighth Amendment jurisprudence in recent decades.
Answer to Question 2
Answer: Retribution is the most punishment-oriented of all sentencing goals, with a simple rationale that the offender deserves to be punished. Eye for an eye philosophy. Deterrence is keeping behavior in line, both with specific deterrence, intended to deter the offender from committing future offenses, and general deterrence, which uses the punishment as an example to others of what happens to those who break the law. Rehabilitation is the philosophy of reforming a criminal offender. Though previously a popular theory for re-socializing offenders, it has been criticized as ineffective to deter crime based upon studies of recidivism. Restoration focuses upon the emotional and financial toll crime has to a victim and seeks to restore the victim and community to be whole. This may include restitution to compensate the victim for his/her loss (Review chart comparing retributive and restorative justice models). Incapacitation seeks to incapacitate the offender who is likely and capable of committing future offenses. Habitual offender statutes, including the three strikes legislation, mandate long prison sentences for repeat offenders. This can be an extremely costly measure of punishment.
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