Aims of Sentencing [Sentencing] Flashcards
Intro [Paragraph 1]
Once a defendant has been convicted, the judge must pass a sentence. There are 5 aims of sentencing under s142 Criminal Justice Act 2003; retribution, deterrence, rehabilitation, incapacitation and reparation.
Retribution [Paragraph 2]
The aim of a retributive sentence is to punish the offender because their criminal act deserves to be punished. It is only concerned with the crime in which the defendant (D) is charged with and trying to make sure the punishment is in proportion to the offence. It does not seek to alter the D’s future behaviour. This is based on the idea of revenge, such as the concept of ‘an eye for an eye’. Examples include prison, community sentences and fines.
Deterrence [Paragraph 3]
The aim of deterrence is to deter people from re-offending and to reduce criminal behaviour by fear of punishment. This can be either individual deterrents, deterring an individual from re-offending by naming child offenders/ASBO posters etc, or by general deterrents, aiming to deter everyone from offending/reoffending by imposing strict sentences for knife possession for example.
Rehabilitation [Paragraph 4]
Rehabilitation is a forward-looking aim which seeks to prevent the offender from reoffending by helping them to solve/overcome the issues that lie behind their offending. It uses individual sentences aimed at the needs of the offender. Examples include anger-management courses, driving training or helping the offender overcome an addiction.
Incapacitation [Paragraph 5]
Incapacitation is where the offender is made incapable of reoffending in order to protect the public from danger. For example, prison removes the criminals from the public domain protecting the public, albeit temporarily, from becoming the victims of further crime. The public can be protected by other means such as the revoking of a driving license or exclusion orders.
Reparation [Paragraph 6]
Reparation is aimed at ‘making amends’ for the offender’s crime by compensating the victim, usually by ordering the D to pay a sum of money or make a restitution. In England, the courts are required to consider ordering compensation to the victim in addition to any other penalty. Under s130 Powers of Criminal Courts (Sentencing) Act 2000, courts are under a duty to give reasons if they don’t make a compensation order.
