The are five reasons for sentencing which are contained in section 142(1) Criminal Justice Act 2003. The courts are required to have regard to the purposes of sentencing. The purposes of sentencing are to punish the offender (retribution). Deter the offender from reoffending (deterrence). Reform and rehabilitate the offender (rehabilitation).
DETERRENCE There is a belief that punishment for crime can deter people from committing same offence and can stop criminals re-offending their crimes. There are two forms: * Specific deterrence is concerned with punishing an individual offender in the expectation that he will not offend again. * General deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment if they are caught. This aim is affected by: · Prison sentence/long prison sentence · Heavy fine. 3.
The principle of universality is defined as “acting only according to the maxim by which a person can at the same time will that it should become a un... ... middle of paper ... ...nces of an action, believe that these benefits cannot be achieved with less suffering or at a lower cost to those who are being punished. They want to prevent offenders from doing further harm and believe that is it not morally right to punish criminals in order to give them what they deserve. Punishment is only justified if it promotes the general happiness according to utilitarian’s. As well, utilitarian’s would promote rehabilitation as a goal for punishment to reform and educate offenders to make them into more productive members of society. Utilitarianism would believe that retribution as an unethical form of punishment because it does not produce any consequence with no benefit in mind.
Evaluation Plan Background The program evaluation will be assessing the outcomes resulting from offenders that were placed into the HOPE program versus those that were not. As mentioned in previous assignments, the HOPE program is a rigorous probation sentence which entails submitting to random drug testing, mandatory appointments with law enforcement personnel, and the completion of counseling or drug treatment sessions while not repeating previous violations. Violations of the probation program will result in a swift and certain punishment of a short-term jail sentence. The swiftness and certainty to punishment are the keys in Beccaria’s theory to effective deterrence. The idea is for this program to prevent recidivism with its differing stance on probation.
Mediation involves individuals seeking to resolve a dispute as where in restorative justice is based on the recognition by the offender that he or she has committee a criminal offence. Post-conviction restorative justice programs can guard against the host of legitimate concerns over the use of restorative justice in such case (McGlynn 826). Restorative justice also focuses more on amends than punishing the offender. The goal of restorative justice is for the accused to accept responsibility for what they did. It also gives them an opportunity for the victim to heal through the interaction with th... ... middle of paper ... ...of the time the offender does not truly feel remorse for what they have done.
Incapacitation plays a complementary role to deterrence by preventing further crimes by individuals who have shown they can contravene the law. The system ensures incapacitation by putting criminals in jails where they are constantly under supervision away from the public and society in general. The primary aim of incapacitation is to limit an offender’s ability to engage in further criminal activity physically rather than rehabilitating convicted criminals. Simon (2012) sheds light on the incidence of mass incarceration in US prisons, which raises questions of the goal of incapacitation. However, such punitive measures witnessed in the judicial system still serve to keep offenders away from society, albeit for lesser crimes than ideal.
Why? Because imprisonment protects society against future possible crimes. But the criminal cannot be punished for what he might do; he is in prison because of what he has already done. If life imprisonment is to serve the primary purpose of punishment, it must, like the death penalty, be primarily justified as sufficiently "redressing the disorder introduced by the offense." Paragraph 2267 is concerned exclusively with a secondary purpose of punishment: protecting society.
The nonintervention model is concerned about shame and helping defendants avoid the justice system, decarceration and decriminalization. The equal justice perspective emphasizes that under law everyone should be treated equally from the beginning (arrest) to the release or the end of the offenders case. The last perspective is the restorative justice model. This model focuses on peacemaking rather than punishment. To help victims, offenders and communities
Therefore replacer’s imprisonments not exempt the inherent purpose the penal system as a whole. The crisis on penal system and specifically on the adequacy and effectiveness of penalties covers jail as substitutes. The success or failure of these puts into question, for multiple purposes, the relevance of a criminal legal system inspired by declaimers ideals and subtracted from the guidelines and strictly repressive temptations. This is not only to reduce the number of prisoners but also to get good results, it promises the humanistic and democratic current disciplinary system. The purpose of this proposal is to determine how efficient is rehabilitation in prison or disciplinary
But when we look at a retributive style sentence there are also many concerns of are we just throwing that person in jail without getting them the help they need. The type of crime committed and the offender always need to be looked at in depth in any criminal case. Removing the racial disparity aspect of sentencing is something that will take time to overcome, but I feel can happen. There are structure and guidelines for sentencing, but judges have huge discretion when it comes to sentence they impose on an offender. Depending on the crime and the offender each sentencing option should be looked at.