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Sanctions available in criminal Law

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Introduction

Sanctions Various sanctions are used in Law to punish guilty offenders, protect the public, rehabilitate offenders and reduce crime. A court will present a sanction to an offender based on, the crime committed and its severity, the plea either guilty or not guilty, the offender's criminal record, the lifestyle and circumstances of the offender and the rights to sentence. Within this essay I am going to talk about five different sanctions. These are as follows; * Capital Punishment * Prison sentence * Community sentences * Court orders * Sanctions for youth offenders Under section 142 of the criminal justice act 2003, sentencing should be done with several points in mind which are 1. 'the punishment of offenders 2. the reduction of crime (including its reduction by deterrence) 3. reformation and rehabilitation of offenders 4. protection 5. the making of reparation by offenders to persons affected by their offences' Capital Punishment Capital punishment means an offender is killed for committing a criminal offence. Death sentences were generally executions. The death penalty is no longer used in England, However in Belarus, People's republic of China, Ecuador, Egypt, India, Iran, Iraq, Israel, Japan, Malaysia, Mongolia, North Korea, Pakistan, Russia, Saudi Arabia, Singapore, South Korea, Taiwan, Tonga and the United States still carry out some variation of Capital Punishment. ...read more.

Middle

A young offender may be sent to an educational establishment for those with behavioural issues and some offenders will be made to do training for a job. Some also have curfews, amongst many other conditions. Community payback is organised with the community to ensure the work benefits the community's needs. Offenders who break their terms may incur imprisonment or further punishments Community service is cheaper than sending a offender to prison by �47,500 currently and can be very beneficial to the offenders rehabilitation, for instance crimes may be committed by people that 'fell into the wrong crowd' and this work gives them routine and discipline. Offenders who need serious help have support also, through several agencies who deal with drug, alcohol and solvent abuse. Community service can also provide an education, some councils provide offenders with English and maths skills, a pre-requisite for most jobs and college courses. Offenders will also see the true extremity and consequences of their actions, as some community service is tailored to the crime committed, such as defacing a public area could be punished with cleaning this area. Re-0ffending rates are also lower than short prison sentences, at 38% instead of 60% according to the BBC in July 2010 However, Community service is still at some kind of scrutiny from the public. ...read more.

Conclusion

If an ISO is broken, the offender's parents are fined. ASBOs have faced critics which have been highlighted by the media. ASBOs have been noted for being easy to obtain by the courts, in 2005 it was noted only 3% of ASBOs get rejected but 2002 data from the Home Office stated almost half (44%) of people receiving an ASBO in England had a problem with substances and 16% had behavioural problems. This suggests that cases are not considered well enough, for instance in Manchester the council was forced to pay �2,000 compensation in July 2007 for wrongly giving an ASBO on the grounds of a neighbour's complaints. ASBOs can also lower morale for offenders. It presents a stereotype of the person which can be hard to shift. This could affect family life, school life and future employment and could lead to further serious issues. Punishments for young offenders are generally successful however in some cases it is the parent who is punished, not the offender. There is no evidence to say that ASBOs are reducing crime, as per the breach levels and being prohibited from visiting a certain street will do nothing to stop that individual committing crime. However the implemented curfew in so many ASBOs does give a feeling of safety to the community the offender has befouled. ...read more.

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