• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The Basic Principles Of Sentencing

Extracts from this document...

Introduction

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. ...read more.

Middle

Non-custodial sentences are used in cases where it is believed that the offender is not likely to commit the crime again or that they committed the crime because they needed help. It is for these people that alternatives to custody may help them as well as punish the offender. An example of a non-custodial sentence is community service. A Community service Order is an order of the court, which requires the offender to undertake unpaid work. The Community Service Order will specify how many hours the offender is required to work and the time period over which they must complete these hours. Sentences of between 80 and 240 hours can be awarded and are required to be completed within one year. Community Service work normally involves practical or manual work such as environmental improvements, decorating, gardening and graffiti removal. Another example of a non-custodial sentence is electronic tagging/monitoring. Electronic monitoring works by way of a transmitter and monitoring unit installed in an offender's home. ...read more.

Conclusion

Using a non-custodial method would barely affect the lifestyle of the offender at all. In my opinion the increase in the use of non-custodial methods of sentencing is a success, it has been proven to be a success, it helps offender's of minor crimes gain stability in their lifestyle, unlike the affects of custodial sentences and will mean a decrease in the costs of prisons due to a decrease in custodial sentencing. I feel that non-custodial sentences are a good way to deter potential offenders from committing crimes as it means they will have to work unpaid, pay fines or follow a curfew meaning that they may lose certain privileges, for example, going to football matches. Although there are many good points, there is also the possibility that victims of a crime may not like the thought that the offender is not imprisoned, because of this I feel that non-custodial sentences should be given only when it is believed that the offender will not commit the crime again or that they committed the crime because they needed help. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Crime & Deviance section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Crime & Deviance essays

  1. Identify five sentences that are available to the courts.

    Retribution - This is the view that if the offender has committed the crime then punishment should be brought about to the offender. The harshness of prescribed sentences is often in proportion with the crime. Prevention of Crime/Protection of Society - This is the view that the offender needs to be kept from society in order to protect it.

  2. Studies of the effectiveness of punishments often use reconviction rates as a measurement of ...

    By addressing the factors that are related to offending such as unemployment, drug addiction and temperament, a positive regime can influence offenders to lead crime-free lives in the future (Vass, 1990, Worrall, 1997). As Davis, Croall and Tyrer (1998) suggest: - "A flexible range of sanctions and resources should be

  1. Britain has one of the largest prison populations in Europe and the system is ...

    Since David Blunkett's hard line speeches in 2002, the Howard League for Penal Reform who have been monitoring the prison numbers since 2001, noticed that the actual number of people being sent to prison had been constant until he started making tough speeches about crime and punishment.

  2. A Survey of Male and Female Attitudes Towards Prison Sentencing, as a Punishment of ...

    and is expensive. This suggests imprisonment may not be the best option for sentencing and other options should be chosen (e.g. community service, treatment programs etc). Crimes vary between countries, societies, age and gender. There are many differences between men and women within crime, in the way they're associated with crime and how the criminal justice system treat them.

  1. Environmental factors that affect offenders and victims.

    Second, social disorganisation was rather subjective and judgmental, all the while pretending to be objective. Observers failed to free themselves from biases and placed their own value judgements on behaviours. Third, it tried to explain crime as an almost entirely lower-class phenomenon, and in no way included middle and upper class deviance and crime rates.

  2. Discuss the effectiveness of the Prison system, and its purpose in relation to its ...

    were made to hold one person but the continual rise in the prisons population has meant that there are often 2 or in extreme cases 3 prisoners to a cell. It could be argued that lack of such amenities and overcrowding could be derogatory and inhumane treatment under the Human Rights Act 1998.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work