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 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]
506 words (1.4 pages)
- ... Rehabilitation sentences are used to establish conditions that the court considers will enable the offender’s rehabilitation. A sentencing option that may be used to rehabilitate an offender is a community service order or a drug treatment order if drugs were a contributing factor to the offence. A recent sentence imposed in the Tasmanian Supreme Court aimed at rehabilitating an offender is the case of Michael Samuel Charlesworth v the State of Tasmania in which the judge came to his decision regarding the offender’s prospects of rehabilitation and the fact that he is undertaking programs available to him in prison.... [tags: Criminal law, Crime, Prison, Sentence]
1353 words (3.9 pages)
- 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]
1987 words (5.7 pages)
- 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]
1270 words (3.6 pages)
- ... (3) They perpetuate a racially segregated criminal justice system that destroys communities and discourages trust in the law. Solution The Smarter Sentencing Act addresses the first reason for reform, unduly harsh sentences, at its base by reducing five, 10, and 20 year mandatory minimums to two, five, and 10 years respectively for certain drug offenses, giving judges more leeway when sentencing those who pose no public safety risk (“Major Sentencing Reform,” 2014). Outside of these lessened minimums, it aims to gradually decrease the amount of people imprisoned in four major ways.... [tags: Prison, Mandatory sentencing, Heroin]
958 words (2.7 pages)
- 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, ]
898 words (2.6 pages)
- 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]
1768 words (5.1 pages)
- ... Recent statistics show that mandatory laws in Australia have dramatically reduced crime levels. The Australian Government has seen a downward trend in car thefts and juvenile convictions. It is clear that the precautionary effects of mandatory sentencing are distorted, and more analytical testing is needed. On the basis of the available research, it is conclusive that mandatory sentencing can bring about a small reduction in these crimes, which attract these types of mandatory sentences. This proposed new law went through 8 main steps to become legally binding for all Australians.... [tags: Mandatory sentencing, Crime, Judicial discretion]
1349 words (3.9 pages)
- 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]
1180 words (3.4 pages)
- 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]
792 words (2.3 pages)