reoffending is rarely if ever given much actual consideration - False, It is usually the #1 consideration, and why courts look at criminal history, risk factors, ect. This doesnt have to be based on rehabilitation, but can be justified simply with a incapacitation rationale.
E.G. You think someone is likely to reoffend so you lock them up longer. not because you think it will offer more rehabilitation, but because it incapacitates them for longer.
3 strikes laws are a classic example of this. You dont give someone a 25 sentence because thats how long it takes to rehabilitate them. you do it because you think they are a serial offender you want to keep off the streets and they are unlikely to be rehabilitated
No, it is not, or the prison system would be structured entirely differently. Courts do not have the power to affect that.
> E.G. You think someone is likely to reoffend so you lock them up longer. not because you think it will offer more rehabilitation, but because it incapacitates them for longer.
The reality is that this is unproductive when it comes to reducing crime.
> 3 strikes laws are a classic example of this. You dont give someone a 25 sentence because thats how long it takes to rehabilitate them. you do it because you think they are a serial offender you want to keep off the streets and they are unlikely to be rehabilitated
The reality is that this too is ineffective at reducing crime.
Complete bullshit. Concern for somebody reoffending is a major factor in sentencing and in the public's support for the continued existence of the prison system. Examples of sentencing that follow from other principles do not contradict this.
(there are some rare exceptions - in Norway the maximum sentence is 21 years except in some particularly serious cases you can be convicted to incarceration for the purpose of protecting society - this punishment is in theory shorter in that you can get out after 10 years, I think, but you won't get out until a parole committee deems that you are no longer a risk).
Furthermore, if justice systems were based on reoffending risks, then sentencing would look very different. Most murderers who commit murders that aren't gang-related, for example, are very low-risk prisoners. Yet no justice system I am aware of takes that into account.