Essay on Aims of Sentencing

Essay on Aims of Sentencing

Length: 2919 words (8.3 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

The issue in this question is regarding the effect of Criminal Justice Act 2003 (CJA 2003) to previous English sentencing system regarding one of the aims of punishment i.e. retribution. It is a duty for courts to apply under section 142 (1) of CJA 2003. The section requires the courts to have regarded the aims in imposing sentence to offenders which has now plays a smaller role in serving punishment. And how profound this changes has been.
I will discuss briefly about (a) historical background of CJA 2003, (b) identify who is CJA successor, (c) recognise difference in principle between CJA and its successor i.e. principles, aims and prioritises, (d) as how it bring effect to aims of sentencing today to offenders, victims and communities, (e) and clarify which type of aims actually the court based upon in deciding the appropriate sentence to adult offenders in respect to custodial and community sentence. To agree or not to agree with the statement.

HISTORICAL BACKGROUND OF SENTENCING POLICY
Before 1991, there was no statutory provision or general statutory framework comprising aims of sentencing which courts ought to rely upon. This had left the courts to decide on its own based on the facts of the case what is the best sentence for offender. However, by granting unlimited power of the court in fixing sentence, this caused uncertainty as on what basis the courts has reached upon such sentence. Hence, in 1991, CJA was set up in order to have a systematic approach to achieve aims of punishment. The main provisions under the 1991 Act were dominant by retributive theories which focused on sentences must commensurate with the seriousness of the offence. However, some parts of the legislation reflect utilitarian theories in the g...


... middle of paper ...


... somehow gives a sense of security and protection under the law. By having additional aims in sentencing, it will somehow bring a balance between punishing offender for offence committed and harmonization in the community. Hence, it is seems like retributive has become the second element in aims of sentencing but in actual fact, retribution has been implemented in sentencing guidance in particular the concept of seriousness of offence. The main difference between CJA 1991 and 2003 is the creation of SGC to monitor the sentencing guidelines and such body has brought an impact on sentencer in fixing sentence and also on the aims of sentencing. Hence, it is safe to say that retributive principle still playing a role in aims of sentencing. It might not look like playing the main role as mention in the quotation but foundation of CJA 2003 was made up upon such theory.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Different Aims of Sentencing Essay

- The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by orderi...   [tags: Papers]

Powerful Essays
506 words (1.4 pages)

Sentencing After a Guilty Verdict Essay

- A sentence is a decree of a punishment assigned to a defendant who was found guilty by a court, or fixed by law for a particular offence. If is a defendant found guilty, the type and amount of the sentence will depend on a number of factors, which every judge or magistrate must consider. Between these factors belong the six main aims of sentencing (retribution, denunciation, incapacitation or protection of the public, deterrence, rehabilitation and reparation), the age of the defendant (as there are available different types of sentences for young offenders), previous convictions (if the defendant has committed a crime before), the seriousness and nature of the crime committed (what ha...   [tags: court, defendent, judge]

Powerful Essays
1987 words (5.7 pages)

Outline of the Basic Principles of Sentencing Essay

- Outline of the Basic Principles of Sentencing Legal system is one of the most important parts of the Government, which directly affects the society and people in the society; as a result, researchers and criticisers have always inspected it. This essay will outline the basic principles of sentencing in United Kingdom. There are five general aims or functions or justifications of punishment in the UK’s legal system, which are: 1. RETRIBUTION Retribution rests on the notion that if a person has knowingly done wrong, he or she deserves to be punished....   [tags: Papers]

Powerful Essays
1270 words (3.6 pages)

Essay about The Benefits of Juvenile Sentencing to Service

- Sentencing to Service (STS) is a sentencing option available to most Courts where a convicted offender "works off” his/her fine by performing a specified number of hours of public service work under the supervision of a work crew leader employed by the state or a local corrections agency. Courts may also sentence offenders to STS rather than jail or workhouse time. STS was established in 1986 by the Minnesota Department of Corrections along with several County Sheriff’s Departments, community corrections, Courts and local governments....   [tags: Sentencing to Service, Juvenile delinquency, ]

Powerful Essays
898 words (2.6 pages)

Community Service as Effective Sentencing Essay

- Community Service within the justice system is being used in the present,due to prison overcrowding.The problem with giving community service as a discipline in the justice system.Some offenders may be a threat to the safety of citizens and safe communities.Community service was established as a way for the justice system to budget for the community.Community Service,(2014) Community service programs where initiated in the United States with female traffic offenders in Alameda County, California in 1966.Local initiatives following in several counties throughout the United States.The state of California believed community service would help address the issue of prison overcrowding....   [tags: alternative sentencing, justice system]

Powerful Essays
1768 words (5.1 pages)

Essay about The War on Drugs: Drug Sentencing Reform

- Drug Sentencing Reform The Judiciary Branch of the United States government is responsible for interpreting the law. Those involved with this branch determine the meaning of the laws and decide what to do with those who break them. Because of a drug movement that took place through the 1980s, the courts have severely punished those who break laws associated to drugs; Congress is now trying to step in to change the way the Judiciary Branch is forced to punish such criminals. Congress has been busy the past couple of years evaluating the proper sentencing of those convicted of drug crimes....   [tags: nixon, sentencing, warrant]

Powerful Essays
1180 words (3.4 pages)

Essay about Three Strikes: Harsher Sentencing of Repeat Felony Offender

- Between 1993 and 1995, twenty four states enacted three strikes sentencing policy which calls for much harsher sentencing of repeat felony offender. Most sentences for these repeat offender called for a minimum punishment of a life sentence with possibility of release until twenty five years have been served (1 Marvell, Moody 89). These laws where created to target and punish what lawmakers believed to be the small percentage of criminals that where committing the majority of serious crimes such as murder, rape, kidnaping, aggravated robbery, aggravated assault, and sexual abuse....   [tags: felony, justice, sentencing]

Powerful Essays
792 words (2.3 pages)

Sentencing and Punishment: The Quest for Justice by Susan Easton and Christine Pipe

- Due to the unfair sentencing disparity between crack and cocaine, despite the fact that the two are the same drug, just in different forms, the government endorsed a law to reduce the sentencing of those who were convicted of crack related offenses. Repealing past wrong doings seemed to be a hurdle initially for lawmakers, but ultimately inmates finally received some of the justice that they deserved. The disparity in sentencing was seen by many as to be a racial war, considering the fact that blacks typically used crack, and whites used powder cocaine....   [tags: injustices, fair sentencing act]

Free Essays
746 words (2.1 pages)

Criminal Sentencing Essay example

- Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preference...   [tags: judicial discretion, crime control]

Powerful Essays
1130 words (3.2 pages)

Mandatory Sentencing Essay examples

- Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons....   [tags: Criminal Justice ]

Powerful Essays
1772 words (5.1 pages)