Essay on The Purposes of Sentencing

Essay on The Purposes of Sentencing

Length: 991 words (2.8 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

The main purpose of the sentencing is to protect the public and to ensure that justice is done. The purpose of sentencing for those 18 and over is defined by section 142 (1) Criminal Justice Act 2003
"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

One of the oldest justifications for punishment involves the principles of retribution. Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a cri-me, i.e. duress. It can be sometimes be viewed as a ‘revenge’ or ‘an eye for an eye‘. It is based on the principle of “let the punishment fit the crime”. This aim does not reducing crime or changing the offenders future behaviour. Punishment is provided through imprisonment and in some cases a fine may be given.However, giving a fine could in effect cause a prison sentence for the person who may not be able to pay.
This aim is based on the tariff sentence, e.g. for rape is seven years imprisonment, however, the rape of the child would increase the sentence. This is one of the aggravating factors as well as the weapon used, an intention to cause serious bodily harm, violence or a hate crime. e.g. R v Blake [1962] QBD George Blake, a spy, was given 42 year prison sentence . ‘ Aggravating Factors are any relevant circumstances, supported by the evidence presented during the trial, that makes the harshest penalty appropriate, in the judgment of...


... middle of paper ...


... property. Under s130 of the Powers of Criminal Courts (sentencing) Act 2000 the courts must give a reason if they do not want to give a compensation order. To make reparation to society, community order unpaid work is given where offenders must work on a community project under the supervision of the probation service. Denunciation, the last aim of sentencing, is forcing the government to get tough on crime e.g. terrorism, paedophilia or drink driving where the court having the power to disqualify a person from driving for a minimum 12 months. Those crimes must be taken seriously and the offender should be punished because this is not a tolerate behaviour e.g. minimum of 7 years imprisonment for rape. The ideas of retribution and denunciation were produced by the Criminal Justice Act 1991 which is based on the Government White Paper on Crime and Punishment (1990).

Need Writing Help?

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

Check your paper »

Essay on Aims of Sentencing

- 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....   [tags: Criminal Justice, Sentencing Policy]

Strong Essays
2919 words (8.3 pages)

Explain Sentencing And The Theories Behind It Essay

- Explain sentencing and the theories behind it. Include the sentencing models and how they are supposed to work. The main purpose of sentencing is to punish the offender and to set a precedent to deter others from doing the same. The five main purposes of sentencing are the deterrence, incapacitation, retribution, rehabilitation, and restorative justice. The sentencing model states that judges and juries evaluate the guilt of the offender. To being with, sentencing has to be fair and cannot discriminate on factors of race, gender....   [tags: Crime, Criminal law, Prison, Sentence]

Strong Essays
1417 words (4 pages)

Judges Allocation and Sentencing Guidelines Essay

- 1.4 Judges are typically white men with strong political connections. Do you see any problems with this in terms of fairness in sentencing. Judges allocation of outcomes is constrained by a diversity of factors; race has no weight on sentencing. What is taken into consideration is the severity of the crime and the individual’s criminal history. The judge has to consult the Constitution and a group of statutes and court rules that governs sentencing procedure in that given jurisdiction. When considering procedures for sentencing, it is important to know that the outset that sentencing is an area in which jurisdictions vary considerably, and to distinguish the differences in sentencing systems...   [tags: Judges, Functions, Bail]

Strong Essays
853 words (2.4 pages)

Essay about Circle Sentencing as Alternative Dispute Resolutions

- Circle Sentencing as Alternative Dispute Resolutions While the restorative justice movement has risen in recent years, the idea of circle sentencing, or peacemaking circles has been practiced in indigenous cultures for quite some time. As we look at implementing traditional indigenous culture practices as alternative dispute resolutions, we need to realize the effectiveness and also whether we are ready to use them. The Yukon and other communities reintroduced circles in 1991 as a practice of the restorative justice movement (Bazemore, 1997, p.27)....   [tags: Papers]

Strong Essays
1239 words (3.5 pages)

Mass Incarceration And Its Effects On The United States Essay

- Background Mandatory minimums for controlled substances were first implemented in the 1980s as a countermeasure for the hysteria that surrounded drugs in the era (“A Brief History,” 2014). The common belief was that stiff penalties discouraged people from using drugs and enhanced public safety (“A Brief History,” 2014). That theory, however, was proven false and rather than less illegal drug activity, there are simply more people incarcerated. Studies show that over half of federal prisoners currently incarcerated are there on drug charges, a 116 percent percentage rise since 1970 (Miles, 2014)....   [tags: Prison, Mandatory sentencing, Heroin]

Strong Essays
958 words (2.7 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]

Strong Essays
1768 words (5.1 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, ]

Strong Essays
898 words (2.6 pages)

Mandatory Sentence : Mandatory Sentencing Essay

- Mandatory Sentence Mandatory sentencing refers to the practice of parliament setting a fixed penalty for the commission of a criminal offence. Mandatory sentencing was mainly introduced in Australia to: prevent crime, to incapacitate the offenders, to deter offenders so they don’t offend again, to create a stronger retribution and to eliminate inconsistency. There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders....   [tags: Mandatory sentencing, Crime, Judicial discretion]

Strong Essays
1349 words (3.9 pages)

The Different Types and Purposes of Dams Essay

- A dam is a structure intended to hold back water in a lake, stream, stream or other water form. Dams normally incorporate entryways that could be raised or brought down, opened or shut to permit variable measures of water to pass downstream or leave the lake. The way the water takes to leave the lake through the entryways is known as a spillway. ”The Brazos River Authority” There are some styles of dams utilized for diverse purposes. First an Arch dam is made of workmanship or cement that is raised towards the upstream....   [tags: manmade structures for human purposes only]

Strong Essays
702 words (2 pages)

Criminal Sentencing Purpose Essay

- Criminal Sentencing purpose There was once a Television show name “Berretta” and the show theme song said do not do crime if you cannot do the time. That is a true saying, one that should be on every criminal mind why they are committing a crime. Sentencing a criminal for crimes for which they have been convicted of is their due punishment according to the severity of the crime committed. The Courts have for centuries punished criminals according to the belief of the society in which the crime was committed....   [tags: Crime Criminal Justice]

Strong Essays
1312 words (3.7 pages)