Sentencing

Punishment is simply on the grounds that crime should beget punishment. 

-Paraphrased form Kant's 'Mystical Elements in Justice'

Tarrifs set by sentencing Council

Pros:

• upholds aim of punishing
• is consistent

Cons:

• hinders the aim of reform
• little or no discretion for judges
• doesn't consider mitigation
• fines not proportionate to wage of accused.

Aim outlined in Criminal Justice Act 1991

Society is offended when crime is comitted. Sentencing should reflect the dissapproval of society. 

This purpose of sentencing is found in the Criminal Justice Act 1991

Stop future offenders through fear of punishment. 

Cons:

-45% of adult prisoners reoffend within the first year of their release 

(59% for short sentence <12 months, 34% for long sentence >12 months)

-2/3 of young offenders that were serving a custodial sentence reoffend within the first year. 

Do offenders actually consider the consequences before committing offence?

Deterrence is both individual and general. 

Rise in prison population from 50 to 146 prisoners per 100000 people of population. (1951-2016)

Is the fear of being caught is more effective than fear of being punishment?

-83% reduction in crime when secuirity cameras were introduced in London Borough Underground

Educative detterence seems to be effective - teach society from young age how to behave. 

-tends to be older generation that drink-drives, drives without seatbelt etc. 

Offender is made incapable of reoffending. 

Methods (current and historical)

• Curfews
• Exclusion order
• Driving ban
• Electronic tagging
• Medical prevention for sex offenders
• Imprisonment
• Death
• Cutting of hands

Reform the offender and reintegrate them back into society. 

Pros:

• Considers each offender individually

Cons:

• Inconsistent
• Disriminates against under privileged. 
• Persistant offenders less likely to be considered. (Powers of Criminal Courts Act 2000)

Compensating the victim. Fine or restitution (returning stolen thing or proving equal return.)

Powers of Criminal Courts 2000 says courts have to give a specific reason why this isn't part of the sentence if they decide not to include it. 

Community service can be seen as a reparation to society as a whole.

-Only 34% of those given community order reoffend within the first year.