GENERAL STUDIES AS COURSEWORK

Relationship between Law, Culture and Ethics

                        How effective is the British Penal System?

For this assignment and to satisfy the criteria required to fulfil this coursework I intend to investigate how effective is today’s penal system within the British Society.

The penal system is the set of laws and procedures that follow a conviction.

 Crime or criminal activity can be defined as an act which is prohibited and is punishable by the law.

There are many types of crime; one type which is significantly different is ‘white collar crime’. As people of society it is apparent for any individual to stereotype a criminal as being a notorious looking person who loiters the streets looking for trouble however white collar crime to a large extent is somewhat different. White-collar crime occurs by a certain group of society, the upper social class. These people are appointed in highly respected jobs or fields. These people commit crimes such as corruption, fraud marketing, selling outdated ineffective products and unfaithful advertising. These people do this in order to enhance their personal wealth by income tax evasion or the agreement of bribes.

This category of criminal activity is classed as very serious but the convicts tend to not go under a great deal of punishment because of who they are i.e. highly respected politicians and company directors. Also because of corrupt governments who would accept a certain amount of money to hide the matter or enforce an inconsequential punishment.     

In order for governments to place down certain punitive measures there must be an objective to do this.  Below is the five aims in which, society aims to achieve by punishing its criminals.

  1. The theory of PROTECTION-society is protected from anti-social behaviour as the convict maybe be imprisoned and as the person is in custody it can be justified in order to protect the offender itself. However this is debatable because the offender could be released even prior to its original sentence and continues on to torment society.

  1. The theory of RETRIBUTION- this theory is based on the idea that the offender should be punished suitably to the crime he or she has committed i.e. ‘an eye for an eye’. However this is a subjective viewpoint as stated by the father of the Nation of India many years ago Mahatma Gandhi who once said if we are all lead on the assumption an eye for an eye then it will only make the whole world blind. This is an effective comment made by the once great leader of India as I personally believe we as people should follow this example and not just fight back or seek revenge on our convicts but behave in order to see they are treated appropriately through the legal system and enable us to understand the reasoning of why they have behaved in such a manner, it could relate to the fact that they are poor.

  1. The theory of DETERRENCE- this theory is based upon the idea that the person who carries out the crime should not do it again. Also the punishment in which they are given should deter others from participating in any type of crime.

  1. The theory of REFORM- this theory consists off us realising that the criminals not matter how evil they are, are the ones who need help. The punishments that are enforced upon them should be of a nature that ensures that they will not re-offend and transform them into responsible citizens.

       Although I feel that this theory is only successful if the criminal under goes a

       reputable rehabilitation programme after serving their sentence.

5. The theory of VINDICATION- this theory bases its idea that criminal activity is justified as a prohibited act so therefore it is appropriate crime should be punished and the law is followed.

                                                        SENTENCING

         

Sentencing is the decision of the courts of law as to what punishment is passed on to a convicted person. There are many types of sentencing practised in today’s legal system such as:

  • Confiscation orders- for example when drug traffickers are sentenced an amount no higher that their proceeds from the crime and the offenders saleable property may be confiscated,
  • Endorsement of driving licence- occurs when offender has a committed a criminal driving offence
  • Fines- Can is imposed for any offence except murder and treason, maximum fine for the majority of offences is £5000.
  • Imprisonment- If a custodial sentence is imposed then the courts must decide upon a suitable length of time by gaining a report.

The sentencing an offender will receive is considered by using a number of factors such as legal acts, the severity of the case and the other mitigating, troublesome factors.

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The potency of the Sentencing system within the UK can be viewed upon as reasonably effective because a recent home office review has shown that the criminal justice system does produce a deterrent effect.

 It would seem apparent that the sentencing system needs to be analysed thoroughly and modifications made to it accordingly. The government could overturn more sentences from imprisonment to community orders or services because it is argued that if a convict is sent to prison it not only costs the taxpayers more money but also initiates the convicts to learn more about crimes and illegal conducts ...

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