The Basic Principles Of Sentencing

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The Basic Principles Of Sentencing

This essay will outline the basic principles of sentencing; in relation to this it will also discuss the background behind sentencing, non-custodial and custodial sentences, case studies and statistics of crime and sentences.

Sentencing is described as the punishment ordered by a court for a defendant convicted of a crime.  The basic principles behind sentencing a person convicted of a crime are rehabilitation, deterrence, protection, retribution and reparation.  Rehabilitation is a principle of sentencing that assumes that offenders can be “reformed” or rehabilitated and for that reason should not be sent to prison, or that any prison term should be shortened.  Sentencing is a use of deterrence as it is hoped that potential offenders will be discouraged of committing crimes.  Protection means by convicting offenders of crimes it is possible that the general public are kept safe from criminals.  Retribution is a principle of sentencing that is distinguishable from revenge but provides that sentences, amongst other things, should be reasonably proportionate to the crime committed by the accused.  Reparation is closure for the victims of a crime in knowing that the offender has been punished and also in some cases, if the victim chooses this might include, for example, writing a letter of apology, or repairing criminal damage.

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There are two types of sentencing, which can be given to an offender; these are custodial and non-custodial sentences.  If the offender is given a custodial sentence they are then taken to prison, where the sentence will begin, however, if the offender is between sixteen and twenty-one years of age, they will be sent to a Young Offenders Institution rather than prison.  Judges can punish people in a number of different ways rather than sending them to prison, these punishments are called 'alternatives to custody' or 'non-custodial sentences'.  For example, someone could be given a fine, treated for drug ...

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