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Outline the basic principles of sentencing

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Introduction

Outline the basic principles of sentencing Legal system is one of the most important parts of the Government, which directly affects the society and people in the society; as a result, researchers and criticisers have always inspected it. This essay will outline the basic principles of sentencing in United Kingdom. There are five general aims or functions or justifications of punishment in the UK's legal system, which are: 1. RETRIBUTION Retribution rests on the notion that if a person has knowingly done wrong, he or she deserves to be punished. This idea was at the heart of the previous Conservative Government's White Paper" Crime, Justice and Protecting the Public". The Government aims, repeated several times, were to ensure that convicted criminals receive their 'just desert'. Punishing offenders satisfies the requirement that a rule imposes a penalty for its own breach, that penalty must be imposed. 2. DETERRENCE There is a belief that punishment for crime can deter people from committing same offence and can stop criminals re-offending their crimes. There are two forms: * Specific deterrence is concerned with punishing an individual offender in the expectation that he will not offend again. ...read more.

Middle

Community service is another useful retribution, which could help offenders experience the feeling of being part of the society and work for it, as a kind of rehabilitation, whilst they are reimburse the cost of their crime to the society and the government. In this case, people who commit certain crimes related to the society, damaging public properties are mainly included. On the other hand, some people do not damage directly anything, but the result of their action will affect the regularity of the society and will cause some expenses to it. For instant, a driver who passes the red light could cause an accident which means more work for police and cleaners. In this situation, that driver will be fined. It seems to be difficult to say if they are successful in reducing the number of crimes. Each one has its own advantages and disadvantages. Imprisonment, the most serious punishment in the UK, makes people fear of committing crimes, but since the first time that someone goes to prison the fear of going to prison become less and less and does not deter further offending. ...read more.

Conclusion

Second, although the deterrent effect of capital punishment has been unjustifiably maligned, the evidence is overwhelming that the potential for negative consequences deters or alters behavior. History and the social sciences fully support that finding. Three major studies were released in 2001, all finding for the deterrent effect of the death penalty. One, out of Emory University, finds that "each execution results, on average, in 18 fewer murders--with a margin of error of plus or minus 10." Death penalty opponents want us to believe that the most severe criminal sanction--execution--deters no one. However, if reason is your guide and you remain unsure of deterrence, you are left with the following consideration. If the death penalty does deter, halting executions will cause more innocents to be slaughtered by giving murderers an additional opportunity to harm and murder again. In my opinion, the sentencing procedure and the punishments are not really affective, as we cannot see too much different in the crime rate after hundreds of years. If the legal system were completely perfect, we would not see any more crime in the society now. In fact, the sentencing system and the judgment system should be reformed and new way of justice should be developed, because a lot of innocent are being held incorrectly, because they cannot prove their innocence. ...read more.

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