Criminal Defense FAQ

Wouldn't longer sentences mean less overall crime?
Is there a way to punish a criminal before he actually commits the crime he is planning?
Are all illegal drugs treated equally when it comes to punishing drug dealers?
Can a person be guilty of drunk driving if he has had only one drink?
What is the role of the federal government in criminal law?
Are grand jury proceedings secret?
Are there special crimes to control children's behavior?
What is the difference between probation and parole?
How does a assistant state attorney decide which criminals to charge?
Is driving over the speed limit a crime?
Can only businesspersons be charged with white-collar crimes?

Wouldn't longer sentences mean less overall crime?
Sentence length may or may not correlate with a decrease in crime. Criminal punishment has four basic goals: rehabilitate the offender; restrain the offender from committing further crimes; exact revenge against the offender; and deter the offender and the general public from criminal behavior. It is unclear if longer sentences actually convince a particular offender not to commit another crime. However, recidivism rates are high, thereby suggesting that the average offender does not "learn his lesson" in prison and refrain from further criminal activity. One thing that does correlate positively with a reduction in criminal activity is increasing age; people under the age of thirty-five years commit the most crimes. Therefore, it could be argued that sentences that keep offenders in prison until middle age will reduce overall crime rates.

In addition, more time in prison could allow for more complete rehabilitation, because the offender could stay in treatment programs for a longer period of time. Batterers are more likely to change the controlling behavior that leads to domestic abuse if they participate in long-term intensive educational programs. Sex offenders may benefit from multi-level treatment plans spread out over a period of time. In prisons with educational programs, offenders who stay long enough may receive high school or college degrees or learn a trade, which will equip them to lead a productive, law-abiding life. However, some states do not provide adequate resources for these rehabilitation programs.

Longer sentences do not appear to deter the general public from criminal activity. Many times, it is the likelihood of getting caught that deters a person from criminal activity, not the length of the sentence. Many crimes are committed on impulse, and the threat of a lengthy sentence does not even enter the offender's mind.

Finally, the cost of longer sentences in terms of tax dollars is very high. If sentences are lengthened, new prisons and jails will need to be built to accommodate offenders who would be incarcerated under sentencing guidelines and mandatory minimum sentences.