This question assumes that there is such a thing as a "proper sentence". The real problem is the fine line the justice system attempts to walk between giving out a standard sentence for a crime and giving out a sentence that fits the criminal. For example:
One extreme way to sentence people would be based on the crime itself, considering no other factors. For example, if you are convicted of second degree murder, you will be sentenced to 30 years in prison. The judge will not consider your age, your sex or even the situation in which the crime was committed. Guilty = 30 years.
The other extreme way of sentencing people would be based on the criminal himself (or herself). The judge would look at the age, the education and the background of the convict. The judge would examine the motive for the crime. Instead of using a standard sentence, the judge would give a sentence that he or she feels fits the entire circumstances of the crime. One person could receive 2 years for a crime, while another person could receive 10 years for the same crime. The sentence would be tailored to the criminal, not the act.
Some people agree with one extreme, some with the other. However, there are a number of people who believe that neither extreme is appropriate. That is where we currently are in today's justice system. As a society, we have said, "Certain crimes deserve certain sentences." As a result, the fedreal courts and many states use mandatory sentences. In trying to avoid one extreme, courts will also take into consideration certain "mitigating factors". Mitigating factors are specific, limited factors that judges and juries are allowed to consider in sentencing convicts. This system allows the judge to consider the circumstances of the crime in sentencing the convict, while at the same time ensuring that there is a definite sentence range for each crime.
When wondering why the "proper sentences" aren't given, you must ask yourself what is the purpose of incarcerating someone? Do you think the purpose is punishment -- to lock them in a cage and let them rot? Do you think the person is detterence and rehabilitation -- putting them in jail will give them an opportunity to learn some skills and deter them from committing crimes when they are released? In this country, there is no universal theory of incarceration. Some prisons offer a number of rehabilitative programs designed to educate the prisoners. Some prisons could care less about rehabilitation.
Justice will never be right and justice will never be true because there is no such thing as a universal right or a universal truth. Justice, like most societal issues, is a work in progress.
2006-09-16 09:06:44
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answer #1
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answered by dasvidas 3
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Because the sentening guidelines for most courts are defined by the state legislatures (or Congress for federal crimes). And the judge is bound to follow those statutory rules when giving sentences.
If you don't think the sentences are correct, then write your legislators and get the laws changed. But until those laws are changed, "proper" is defined as whatever the statute requires.
2006-09-16 08:56:59
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answer #2
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answered by coragryph 7
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the justice system is crap thats y they dont dish out the porper sentences 2 the crimes that was done.but they is ways 2 get a lighter sentence for the crimes done if u no the law
2006-09-16 08:37:58
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answer #3
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answered by craig m 1
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Sentences are based on the public opinion not on whats right ie if a popular person does something wrong they will get off light, a nobody gets hammered
2006-09-16 09:48:27
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answer #4
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answered by swain1152 3
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each individual in the international writhing in soreness for eternity is justice, because of the fact each individual is fed on with sin and vile wickedness. in trouble-free terms by using the grace and mercy of God and the sacrifice of Jesus Christ does all and dissimilar have a huge gamble at salvation. He that believeth on the Son hath eternal life; yet he that believeth no longer the Son shall no longer see life; however the wrath of God abideth on him - John 3:36
2016-12-12 09:32:03
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answer #5
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answered by ? 4
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Justice is blind - not right or true
Sentences are doled out by judges and carried out by cramped system - so one has nothing to do with the other
2006-09-16 09:16:10
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answer #6
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answered by worldstiti 7
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Who is to define what "the proper sentences" are?
2006-09-16 09:51:32
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answer #7
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answered by malcy 6
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half the judges are wantabe pedophiles if not them one of their children is... they leave loopholes and small sentences for sexual crimes to protect rich losers who get away with stuff like this constantly also murders... and also they sympathize with the criminals because they are criminals themselves ...how else can you explain predators short sentences...the parole boards are scum releasing these losers to pray on us again and again...And to top it of the government fills their own pockets leaving not enough money to keep them in jail where all the taxpayers want them..
2006-09-16 08:39:33
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answer #8
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answered by Brad I 3
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Because the Government is usually to mean to build enough prisons.
2006-09-16 09:08:09
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answer #9
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answered by Anonymous
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Politics = special intrest
2006-09-16 08:32:34
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answer #10
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answered by islander 5
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