Explain the purpose of criminal punishment and comment upon how effectively these are achieved by the different types of sentences available to the courts.

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Explain the purpose of criminal punishment and comment upon how effectively these are achieved by the different types of sentences available to the courts.

Sentencing is a form of criminal punishment, whereby the defendant is given a decision of what penalty should be imposed on a person who is guilty of a criminal offence.

The sitting judge takes into account the serious of the offence, information about the defendant i.e. previous convictions for similar offences, any explanatory circumstances and lastly sentencing aims. In the Criminal Justice Act 1991 the aims of sentencing are clearly outlined. There are six theories of sentencing are on Retribution, deterrence, rehabilitation and incapacitation, denunciation and reparation.

Retribution being that the guilty party should suffer a sufficient punishment for his wrong doing so that justice can be satisfied. The punishment is proportionate to the committed crime i.e. get what he deserves ("just deserts"), thus for example the Court of Appeal clearly has shown that there are different types of sentencing for being in possession of an illegal drug, due to the various types and amount of the drug in possession.
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Deterrence is an act or process of discouraging actions or preventing occurrences by instilling fear or doubt or anxiety to stop a repetition or the crime. Penalties intentionally to have this effect are prison sentences, suspended prison sentences and heavy fines. It is broken up into two categories individual deterrence which tries to stop people from committing crimes again thought fear of punishment e.g. suspended sentences, while deterrence is aimed to stop others by making them an example of those who do offend.

Rehabilitation is mainly to help and reform the offenders and their behaviour so ...

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