Aims Of Sentencing
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Aims of sentencing.
Retribution.
Based on idea of punishment, because offender deserves punishment for his/her acts.
Does not seek to reduce crime or alter the offenders future behaviour.
Concerned only with the offence that was committed and making sure that the punishment inflicted is in proportion to that offence.
Contains element of revenge (eye for an eye) and is used to justify long prison sentences.
Tariff sentences Ð- Idea that each offence should have a set tariff with the judge being allowed only to impose a penalty within the tariff range. This removes nearly all discretion from judges. Problem when applying to fines – takes no account of the financial position of the offender.
Denunciation.
This is society expressing disapproval of criminal activity. The theory says that one important aim of sentencing is to indicate both to the offender and to other people that society will not stand for the offenders criminal behaviour.
Reinforces moral boundaries of acceptable conduct.
Can mould societies views on the criminality of particular conduct. For example drink driving is now viewed by the majority of people as unacceptable behaviour, largely because of changes in the law and increasingly severe sentences.
Incapacitation (protection of the public)
Concept of making the offender incapable of reoffending in some way, in order to protect the public.
Aim is reached by long prison sentences for dangerous offenders and electronic tagging to protect the public from the offender without having to send him/her to prison. There are other penalties that can be viewed as incapacity the offender Ð- e.g. for driving offences, the offender can be banned from driving. Also exclusion orders which ban the offender from going to a place he/she offends e.g. football ground.
Deterrence.
Individual Ð- several penalties aimed at ensuring the offender does not re-offend. These include prison sentences, suspended sentences and/or heavy fine.
However prison does not appear to deter offenders Ð- 55% of adult prisoners re-offend within 2 years of release. Appears that fear of detection is more of a deterrent e.g. success rate of CCTV on Londons District Line.
General Ð- justifies punishment used to discourage potential offenders from committing particular, or other, offences.
Making