In a court of law, the sentencing process is not a straightforward matter. Defendants who are found not guilty are free to go home. For those convicted of crimes, however, the jury’s verdict is followed by a second decision to determine the nature and extent of their punishment. Sentencing decisions are usually made by judges, not juries, and they are often controversial. One reason for the controversy is that many people see judges as being too lenient (Stalans & Diamond, 1990). Another is that people disagree on the goals served by imprisonment. For many judges, the goal of a prison sentence is practical: to incapacitate offenders and deter them from committing future crimes.
For many citizens, however, a more powerful motive is at work: to exact retribution, or revenge, against the offender for his or her misdeeds. Research shows that people are driven by this sentencing disparity Inconsistency of sentences for the same offense from one judge to another. “just deserts” motive, recommending sentences of increasing harshness for crimes of increasing severity regardless of whether the offender is seen as likely to strike again and regardless of whether such sentences deter crime or serve other useful purposes. Interestingly, research shows that although people think that “sweet revenge” against someone who exploited them will make them feel better, some- times it has the opposite effect.
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