applied law unit 2 Aim of sentencing in non fatal offences PDF

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Summary

aim of sentencing and the definition as well as examples of the sentencing and the effect it has on the offender and if the sentence satisfies its aims....

Description

The Aims of Sentencing Aim of the Sentence

Punishment/ Retribution

Reduction of crime (and its reduction by deterrence)

Definition

Examples of the Sentence

Affect on the individual? Custodial: Loss of leisure time, and family time, and money. Fines: loss of money Community Sentence: loss of leisure and family time

Does the sentence satisfy its aims? Yes, as the sentence is society’s revenge, and punishment on the individual. In the UK the prison population has exceeded 80,000 and is increasing. Therefore more and more offenders are being punished for the crimes they commit –no positive social benefit though

This is effectively society’s revenge on the individual for the offences they have committed

Custodial, Heavy Fines, Community Sentences eg Unpaid work requirement 40300hrs

Individual Deterrence: This type of deterrence is aimed at a particular individual. Aimed to put the offender off re-offending

Suspended Custodial, Custodial, Heavy Fines

The threat of custodial may deter the individual from offending in the future

If the individual stops offending, or re-offending, the courts have succeeded in their aim. However in1995, 76% of all young offenders were re-convicted. In the same year, 58% of all prisoners released was re-convicted of a serious offence withi 2 years

Heavy fines, Custodial

Often they receive a harsh sentence as the court aims to make an example of the individual to deter other offenders

If there is a general fall in the overall crime levels, then the aim is satisfied. In 2006 the British Crime Survey reported steady crime rates whereas the Recorded Crime Statistics claimed a 2% fall in crime levels

General Deterrence: This is aimed at the whole of society. Aimed to put possible offenders off committing a crime

The Aims of Sentencing

Definition

Examples of the Sentence

Reform and Rehabilitation

This aims to reform the offender By doing this they are likely to stop the individual from re-offending Rehabilitation focuses on the long term looking at the potential of the offender to reform and commit themselves back into society’s mainstream

Protection of the Public

By doing this the courts are preventing the individual from re-offending and causing greater harm to society

Aim of the Sentence

Reparations

This aims to consider the victims when sentencing the offender

Affect on the individual?

Does the sentence satisfy its aims?

Community sentences such as temporary unpaid work, fines. Drug rehabilitation, alcohol treatment, mental health treatment programmes

The individual’s lifestyle changes to benefit themselves and also society as they are accepted back into the mainstream

It is accepted that custodial sentences only have limited rehabilitation effect. Statistics show currently 43% of convicted prisoners and 48% of remand prisoners lose contact with their families, and 125,000 children per year have a parent imprisoned Custodial sentences cut family ties and this is detrimental to the objective of reform. However the objective of reform allows the individua to rebuild their lives in a way that will benefit society

Custodial, Curfews, Exclusion orders

The offender is incapacitated and forced away from society. This may cut family ties, money loss and loss of leisure time

Provided that the whole sentence is fulfilled the society is protect and the aim of the sentence is satisfied. However offenders often re-offend, possibl because of the experience of prison

Compensation Orders Community Sentences and unpaid work

The individual resumes a normal life however they may experience loss of time and money

Yes, if the sentence is fair but effective. I.E. the individual doesn’t re-offend

NB All the aims of sentencing can be found under s.142 of The Criminal Justice Act 2003 (The Sentencing Chapter: s.142  s.305)...