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  • Created by: rachel
  • Created on: 18-05-13 13:30
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  • Retributivism
    • Backward looking - justified because it is deserved - not as a means to an end
      • Some people in prison commit offences to go back there so is it a punishment? Varies. Can never work for everyone
    • Courts should not give a custodial sentence unless it was so serious that neither a fine alone nor a community sentence can be justified for the offence.  (CJA 2003)
    • Just deserts / desert theory
      • How do you measure "seriousness"
    • Punishment justified as it's deserved.  "just desert"
      • Just deserts / desert theory
        • How do you measure "seriousness"
    • "An eye for an eye, a tooth for a tooth, a life for a life"
      • Lacey suggests two problems with basing our system of punishment on this idea
    • Desert theorists assume that offenders are free willed and can therefore be held morally to account for their actions.
      • No reference or concern of future offending
    • Aims to make punishment certain, consistent and fair.
      • How can it consistent when every set of case facts is different with mitigating and aggravating factors
    • In UK they're ranked ish in Criminal Justice Act. Also categoriesed as indictable, summary or either way - thus sent to different courts with different sentencing powers.
      • Zedner: some offences are easy to rank but less serious offences are harder to rank.
    • Helps the victim of the offence feel that justice has been done


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