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Sentencing

Sentencing. Theories of sentencing: Retribution Denunciation Incapacitation Deterrence Rehabilitation Reparation. Theories of sentencing. One theory of sentencing is retribution This is the idea of punishment for a crime

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Sentencing

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  1. Sentencing Theories of sentencing: Retribution Denunciation Incapacitation Deterrence Rehabilitation Reparation

  2. Theories of sentencing • One theory of sentencing is retribution • This is the idea of punishment for a crime • Little or no thought given to reducing future crime or changing the offenders’ future behaviour • Punishment inflicted is proportional to the offence

  3. Retribution • Basically like the old saying ‘an eye for an eye’…

  4. Retribution

  5. Retribution • Nowadays more the idea that each offence should have a set tariff • Based on the idea of a “correct” punishment for certain offences

  6. Retribution • Tariff sentences are sometimes criticised: • Remove discretion from a judge • Sentences uniform • Don’t allow for mitigating factors • What happens with fines? A £500 fine might be a lot to some offenders, but very little to others…

  7. Denunciation • Society expressing disapproval of a crime • Sentence should show to both the offender and other people that society condemns certain types of behaviour • Reinforces moral boundaries, moulds society’s views on criminality of certain conduct

  8. Incapacitation/Protection of Public • Make the offender in some way incapable of re-offending • In some countries hands are cut off thieves • In some American states, drugs are administered to sex offenders

  9. Incapacitation/Protection of Public • This is achieved in the UK by the removal of dangerous offenders from society through long prison sentences

  10. Incapacitation/Protection of Public • Other penalties that can be viewed as incapacitating the offender are: • Driving bans • Bans from being in a certain place (e.g. a football stadium) • Curfews

  11. Deterrence • Sentencing with the aim of cutting future crime through fear of punishment • There is individual and general deterrence

  12. Deterrence • Individual deterrence is sentencing with the aim of deterring an individual from committing similar crimes in the future. Examples: • Prison sentence • Suspended sentence • Heavy fine

  13. Deterrence • It’s often popular, but does deterrence actually work? • Prison does not appear to deter: 55% of adult prisoners re-offend within two years of release • Do offenders really stop to consider the consequences of their actions? • Most crimes “spur of the moment” often under the influence of drugs or alcohol.

  14. Deterrence • General deterrence is aimed at preventing potential offenders from committing crimes • Courts occasionally “make examples” of offenders if there is a large increase in a particular type of crime. • An example is R v Whitton (1985), where a football hooligan got a life sentence

  15. Deterrence • General deterrence is in direct conflict with the theory of retribution • This is because it involves sentencing an individual to a longer sentence than is deserved for a particular offence • Probably the least effective and least fair form of sentencing

  16. Rehabilitation • Aim to change the offenders future behaviour, reform them for rehabilitation into society. Examples of rehabilitation: • Community rehabilitation orders • Community service orders • Drug testing and treatment orders • Drug abstention orders

  17. Rehabilitation • Looks at needs of offender, in direct conflict with tariff sentencing and retribution • Can lead to inconsistency in sentencing, different sentences for exactly same crime • Often criticised for tending to discriminate against the underprivileged • Often seen as ‘soft’ by some

  18. Reparation • Aimed at compensating the victim of the crime • For example, it could be making the offender pay a sum of money to victim, or returning stolen property to its rightful owner

  19. Reparation • Courts in England are required to consider ordering compensation to victims • Section 130 of the Powers of the Courts (sentencing) Act 2000 means courts have a duty to give reasons if they do not make a compensation order • Reparation to society as a whole can be seen through Community Punishment orders

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