Theories of Sentencing Criminal Process Criminal Justice Act

Theories of Sentencing Criminal Process

Criminal Justice Act 2003 S 142 • Any court dealing with an [adult] offender in respect of his offence must have regard to the following purposes of sentencing: • • • The punishment of offenders The reduction of crime (including its reduction by deterrence) The reform and rehabilitation of offenders The protection of the public The making of reparation by offenders to persons affected by their offences.

Punishment of Offenders • The offender has obviously broken the criminal law and must be punished • The criminal law takes revenge against the offender on behalf of both the victim and society • This is known as retribution • The main issue is that the punishment must be proportionate to the crime – the ‘just deserts’ theory.

Punishment of Offenders • One of the earliest forms of retribution was based on the Biblical principal of ‘an eye for an eye’ • This is the basis of the argument for retaining the death penalty • In America, one judge has given burglary victims the right to go to the homes of the burglar and take items to the same value of what was stolen from them.

Punishment of Offenders • Tariff Sentences • For many sentences, the tariffs are fixed in order to provide consistent sentencing. • In America some states have fixed tariffs for each crime. This doesn’t allow the judge to have any discretion and may lead to injustice as the judge cannot consider mitigating factors or circumstances of the individual offender. • Fines are a particular area of concern. A £ 1 000 fine to someone on a very low income is extremely punitive but to a high earner it may have very little, if any, effect.

The Reduction of Crime (Including its Reduction by Deterrence) • What do we mean by deterrence? • How many of you drive? What stops you speeding? How effective are these measures? • The main problem with deterrence is effectiveness. It’s effectiveness is calculated by an individual based on the chances of getting caught!

The Reduction of Crime (including its Reduction by Deterrence) • Deterrence is designed to have two effects: • To stop this particular offender committing any further crime – I NDIVIDUAL DETERRENCE. • To prevent other people committing the crime – GENERAL DETERRENCE. • Do offenders consider the risk of getting caught before committing the offence?

The Reduction of Crime (including its Reduction by Deterrence) • The deterrent effect of punishments is weakened depending on how many times the offender is punished in a particular way. • Why do you think this is? • Various policies have been tried by successive governments, but very few have any significant impact on reoffending rates.

The Reduction of Crime (including its Reduction by Deterrence) • Sometimes the courts impose exemplary sentences to try and increase the deterrent effect. • Find details of the labour peer, Lord Ahmed who received a jail sentence for using his mobile phone whilst driving.

Reform and Rehabilitation • “The aim of rehabilitation is to reform offenders, so that they are less likely to commit offences in the future – either because they learn to see the harm they are causing, or because, through education, training and other help, they find other ways to make a living or spend their leisure time. ” • English Legal System, C Elliott & F Quinn, 2008

Reform and Rehabilitation • Many rehabilitation programmes that have been used in prisons over the years have had very little success. • Prisoners are required to undertake a variety of programmes whilst in prison to address their offending behaviour. Longer term prisoners may not be released early until they have completed such programmes. • The problem arises once they are released and have no job or prospects and no money.

Reform and Rehabilitation • The Court can give sentences that incorporate some form of rehabilitation, e. g. a drug testing and treatment order. • The problem here is that it could lead to inconsistent sentencing. An offender who is seen as likely to reform could be given a treatment order, whilst another offender may simply be sent to prison.

Protection of the Public • Public protection is usually provided through incarceration. • This is an extremely expensive way of dealing with offenders – currently costing around £ 37 k per year per prisoner. • Other means of protection include curfews, electronic tagging, exclusion orders and driving bans.

Reparation • This is known as ‘restorative justice’ • It is all about the offender trying to repair some of the damage that they have done to the victim and society. • It allows for the victim to come face to face with the offender and explain the effect of their offence, whilst also having a say in what the offender will do to put things right.

Reparation • This had some success, particularly with young offenders where it is mostly used. • However, it really depends on the crime. • e. g. an offender can paint a wall he’s put graffiti on or mend a park bench he’s destroyed. He can also write a letter of apology to the victim. • It obviously doesn’t work in cases of murder or even rape so it is limited.

Denunciation • This is a further aim of sentencing but not included in the Criminal Justice Act 2003 – the sentence given allows society to show its disapproval of the offender’s criminal behaviour. • It provides moral boundaries within society and can shape the views of the general public. • e. g. campaigns against drink driving and its effects have changed society’s view and drinking and driving is now significantly frowned on and severe sentences are given to those who do drink and drive.

Task • In small groups, work through the information provided in this session, and also the information in your textbooks, relating to theories of sentences. • On an A 3 sheet of paper, show theories, what their purpose is and what type of sentences might achieve the aims.