The Purposes of Sentencing Essay examples - 988 Words

The main purpose of the sentencing is to protect the public and to ensure that justice is done. The purpose of sentencing for those 18 and over is defined by section 142 (1) Criminal Justice Act 2003 Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay. One of the oldest justifications for punishment involves the principles of retribution. Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a cri-me, i.e. duress. It can be sometimes be viewed as a†¦show more content†¦[http://crime.about.com/od/death/a/mitigating.htm] Another aim of sentencing is a Deterrence. The courts mainly try to deter two types of offences, such are mobile phone theft and drug/alcohol related offences e.g. burglary. The Criminal Justice Act 2003 has introduced minimum sentences to stop people from re-offending. e.g. if offenders commit two offences, they will automatically be sentenced to life imprisonment. The city centres are using a CCTVs to deter people from offending crimes such as violence, criminal damage and shop lifting. The main goal of this aim is to deter an offender from committing a future crime by fear of the punishment. There are two different types of deterrence; individual and general deterrence. The individual deterrence is trying to deter an individual offender, those they have already committed crime from re-offending in the future, by a prison sentence, a suspended sentence or a heavy fine. This is usually a harsh sentence for not serious offenses e.g In the case of R v Whitton (1985), where a football hooligan was sentenced to life imprisonment. This should stop other hooligans from re-offend.or in the case R v Hussain (Mohammed) [2005] CA a deterrent sentence was set up in relationShow MoreRelatedEssay on Criminal Sentencing Purpose1300 Words   |  6 Pages Criminal Sentencing purpose There was once a Television show name â€Å"Berretta† and the show theme song said do not do crime if you cannot do the time. That is a true saying, one that should be on every criminal mind why they are committing a crime. Sentencing a criminal for crimes for which they have been convicted of is their due punishment according to the severity of the crime committed. The Courts have for centuries punished criminals accordingRead MoreThe Three-Strike Law: The Purpose of Sentencing1473 Words   |  6 Pages To ensure that this dual purpose is duly met, the law includes elements like the three strikes law in order to ensure the safety of law-abiding citizens and also to ensure that criminals understand the seriousness of their actions before committing them. According to the Portland State University (2012), the three strikes law means that a person convicted of three or more serious crimes can receive a life sentence, usually with the possibility of parole. The purpose of this law is to increaseRead MoreDiscuss Factors That Affect Sentencing Decisions, Including the Purposes of Punishment and the Role of Victims.783 Words   |  4 Pagesin the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences. The purposes of sentencing are set out in the Crimes (Sentencing Procedures) Act 1999 (NSW) and fundamentally include deterrence, retribution, rehabilitation and incapacitation as the purposes by which a judgeRead MoreThe Sentencing Reform Act Of 19841526 Words   |  7 PagesThe Sentencing Reform Act is associated with the Comprehensive Crime Control Act of 1984, were the U.S. federal statute increased the consistency in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the independent commission into the judicial branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting member. For the sake of the United States Sentencing Commission, thereRead MoreThe ‘just desserts’ theory of sentencing is a form of Retributivism, which is a late eighteenth-600 Words   |  3 PagesThe ‘just desserts’ theory of sentencing is a form of Retribut ivism, which is a late eighteenth- and early nineteenth-century theory of punishment based on lex talionis or the law of vengeance, derived from the works of a German theorist Immanuel Kant. Retributivism contends that when an individual commits a crime, his punishment should be the equivalent of the crime committed. Kant argued that humans are free and rational agents who recognise that any wrong committed would have to be met with aRead MoreSentencing Theories And Theories Of Theories1464 Words   |  6 PagesQuestion 1 Sentencing theories what justify handing down a punishment for committing a crime or wrongdoing. Punishments infliction harm on the offender and therefore this needs to be justified. There are three main categories of sentencing theories, utilitarian theories, retributive theories and hybrid theories. Utilitarian theories follow the idea that the most ethical way to punish is the one which has the most benefit at the least cost. Retributive theories are concerned with the offender gettingRead MoreSentencing Paper1264 Words   |  6 PagesSentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper   Punishment has been a subject of deliberate among philosophers, political leaders,  and lawyers  for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the MontgomeryRead MoreThe Effects Of Mandatory Sentencing On The United States Essay1273 Words   |  6 Pagesuse of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate. The political turmoil and changing social climate of the 1960s contributed to the policiesRead MoreQuestions On Indeterminate And Determinate Sentences Essay909 Words   |  4 PagesIndeterminate and Determinate Sentences For our first lesson in Critical Thinking I am choosing to explore Option # 2: Indeterminate and Determinate Sentencing. When one discusses the differences between determinate and indeterminate sentencing the section in our textbook, titled Evaluating Sentencing Schemes, on page 56 comes into play. These are: 1. Proportionality. A sentence should fit the crime. 2. Individualism. A sentence should reflect the offender’s criminal history and the threat posedRead MoreSection 3a Of The Crimes ( Sentencing Procedure ) Act 19991572 Words   |  7 PagesSection 3A of the Crimes (Sentencing Procedure) Act 1999 outlines the official purposes of sentencing: http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa1999278/s3a.html These ‘purposes’ are often said to be in conflict. Analyse these stated purposes in light of the broader philosophies of punishment in order to explain the tensions that are inherent in the business of punishing. Your essay should present an informed argument on which purposes and/or alternative understandings of justice should