Therefore retribution is concerned only with the offence that was committe3d and making sure that the punishment inflicted is in proportion to that offence.
The crudest form of retribution can be seen in the old saying, ‘an eye for an eye and a tooth for a tooth and a life for a life’. This was one of the factors used to justify the death penalty for the offence of murder.
Retribution today is more based on the idea that each offence should have a set tariff. Therefore for certain crimes the judge imposes a penalty within the tariff range.
This removes almost all the element of discretion in sentencing from the judges and ensures that sentences for offences are uniform.
The only problem is that the tariff system involves having fixed sums, and takes no financial situation of the offender. Therefore it is inevitable that a rich offender would be negligible paying a high fine e.g. £500, where as a poor individual may find it difficult.
Denunciation is about expressing society’s disapproval of criminal activity. A sentence should indicate both to the offender and to other people that society condemns certain types of behaviour.
It reinforces the moral boundaries of acceptable conduct and can mould society’s views on the criminality of particular conduct.
Retribution and denunciation were prime factors in the concept of the Criminal Justice Act 1991. This stated ‘The first objective for all sentences is the denunciation of and retribution for crime.’
However this aim of sentencing is not included in the purpose of sentencing set out in the Criminal Justice Act 2003.
Incapacitation serves a purpose for society as a whole, or helps the offender in some way. All Incapacitation is; that the offender is made incapable of re-offending.
In our penal system a long custodial sentence is the usual method; encouraged by our sentencing legislation, as a custodial sentence should be used where the offence is a violent or sexual offence.
Electronic tagging of offenders is a method of protecting the public from the offender without having to send the offender to prison.
There is also a move to using community-based sentences that will incapacitate the offender in the short term and protect the public. These include exclusion orders under which an offender is banned from going to the place where he/she offends.
Also curfew orders, which orders an offender to remain at a specific address for certain times of the day or night.
Deterrence is divided into general and individual deterrence. Individual is intended to ensure that the offender does not reoffend through fear of future punishment.
General deterrence is aimed at preventing other potential offenders from committing crimes. Both are aimed at reducing future levels of crime.
Individual deterrence includes a prison sentence, a suspended sentence or a heavy fine; all aimed to deter the offender from committing similar crimes in the future.
However 55% of Adult Prisoners reoffend within two years of release and Over 70% of young offenders, given a custodial sentence re-offend within two years.
The theory of deterrence assumes that the offender will stop and consider the consequences of his/her actions, however many are incapable of this thought due to influence of alcohol and drugs.
General deterrence relies on publicity so that potential offenders are aware of the level of punishment they can expect.
Then there is rehabilitation which aims to reform the offender and rehabilitate him/her into society, in hope that they will not reoffend in the future.
To rehabilitate drug abusers there are many community sentences- drug testing and treatment orders and drug abstention orders.
Reformation is very important in the sentencing of young offenders.
Reparation aims to compensate the victim of the crime usually by ordering the offender to pay a sum of money.
The idea is to show that criminals should pay compensation to the victims of their crimes.
Under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 courts are under a duty to give reasons is they do not make a compensation order.
The concept of restitution includes making reparation to society as a whole. This can be seen as the offender is required to do so many hours of work unpaid on a community project, under the supervision of a probation service.
Note:
Needed to mention other factors such as past records etc...
