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Describe the different aims of sentencing.

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Introduction

Iain Byrom AS Law- Machinery of Justice Describe 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 ordering the offender to pay order to make restitution. ...read more.

Middle

The value of general deterrence is even more doubtful as potential offenders are rarely deterred by severe penalties passed on others. The main aim of rehabilitation is to reform the offender and rehabilitate him into society. It is a forward-looking aim, with the hopes that the offender's behaviour will be altered by the penalty imposed, so that he or she will not re-offend in the future (it aims to reduce crime this way) One aspect of rehabilitation is the use of individualised sentences - penalties aimed at the individual needs of the offender. This is in direct contrast to the concept of set sentences seen in the aim of retribution. ...read more.

Conclusion

drink driving is now viewed as unacceptable behaviour. This is largely because of the changes in the law and the increasingly severe sentences that are imposed. Retribution is based on the idea of punishment because the offender deserves punishment for his acts. It does not seek to reduce crime or alter the offender's future behaviour. Retribution is concerned only with the crime . The principle of retribution can be seen as the guidelines laid down by the Court of Appeals as the 'correct' punishment for certain offences. E.g. rape offences should be given a custodial sentence of at least 5 years. Whenever a person pleads guilty, or is found guilty of an offence, the role of the court is to decide what sentence should be imposed on the offender. Their decisions on sentences usually satisfy a number of the aims described above. ...read more.

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