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Sentencing Notes

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Introduction

´╗┐SENTENCING Judges have discretion as to what sentences they choose to impose on offenders. Under Criminal Justice Act 2003, they must consider the aims of the sentencing in relation to the particular offence and the particular offender: zling The aims of sentencing is set out below: 1. Protection of public 2. Punishment of offender 3. Compensation to the victim 4. Reduction of Crime(deterrence) 5. Reform and rehabilitation of the offender The punishment of offender is based on the principle of retribution which states that the offender deserves to receive a punishment that is in proportion to his crime. This applies the mentality of ?an eye for an eye? and ensures that the offender pays for his offence. ...read more.

Middle

Tariff Sentences are guidelines used to set what offences and the range of the sentence that is appropriate for certain crimes. Protection of public is an aim that aims to protect the public from the offender?s future crimes. It may be by way of making the offender incapable to recommit such as imposing exclusion orders or curfew requirements, sentencing the offender to jail or even reform the offender. By placing an offender in custody, they are prevented from committing future offences. While this has its merits, it is expensive and may be counterproductive in the case where offenders pick up new ideas from cutody. ...read more.

Conclusion

It is costly and not always a successful option. Deterrence aims to reduce future level of crimes. This includes Individual deterrence that aims to prevent the offender from recommitting or society deterrence that include imposing exemplary sentences to reflect societal disapproval on the offenders act. However this is in conflict with the aim of punishment as the punishment may be higher than proportionate to the offender?s crime. It may be ineffective when there is lack of publicity and the power of deterrence may weaken every time an offender is caught. A low rate of detection may also be the cause of ineffectiveness. Compensation to the victim is closely linked to restorative justice which the government use to provide remedies to their victims at the community at large. zl ...read more.

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