Outline the basic principles of sentencing

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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.

  1. 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.
  • General deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment if they are caught.

This aim is affected by:

 

  • Prison sentence/long prison sentence
  • Heavy fine.

  1. REHABILITATION

Rehabilitation involves offering an offender help to overcome problems which he faces, thereby attempting to make it easier for him or her to avoid future offending. In addition, Rehabilitation can change criminal’s manner to fit in society’s common law.

Remorse is another consequence of Rehabilitation, which will happen as result of self-awareness after experiencing education and hearing some advices from other people.

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This can include various types of assistance provided in prison or in the course of a probation order, which are intended to help the offender to improve his social skills, his employment prospects, or his capacity after welfare benefits.

Rehabilitation         is affected by:

  • Individual sentence
  • Community penalty, i.e. a Community Service Order, Probation Order or Combination Order.

  1. PROTECTION OF THE PUBLIC

Protection of the public is one of the major justifications claimed for punishment.

For example, imprisonment leads to the incapacitation of offenders so that they are prevented (at least temporarily) from offending ...

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