SENTENCING- part 1

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  • Created by: MB-94
  • Created on: 02-09-12 15:58

SENTENCING.

INTRODUCTION.

·       Hartz definition of a ‘PUNISHMENT’ is that it must;

ü involve pain/other unpleasant consequences

ü be for an offence against the legal rules

ü be intentionally administered by human beings other than the offender

ü Imposed and administered by an authority constituted by a legal system against which the offence was committed.

·       Sentences are imposed by the courts and administered by bodies such as prison authorities.

 

AIMS

·       When one talks about the aims of sentencing, they mean the purpose/objective that the sentence is seeking to achieve.

·       There are different sentencing aims that recognize the different needs of the offender, victim and society.

·       Purposes of sentencing are sent out in the CRIMINAL JUSTICE ACT 2003, s142.

·       Aims of sentencing therefore are;

a)   Punishment/retribution

b)   Deterrence

c)    Incapacitation

d)   Rehabilitation

e)    Denunciation

 

1)     PUNISHMENT/ RETRIBUTION.

o   It is thought of being, ‘an eye for an eye and a tooth for a tooth and societys’ revenge for the offence.’ Its literal form is in the death penalty for murder; a life for life

o   However, a literal interpretation is not practical for most cases and so the aim is to, LET THE PUNISHMENT FIT THE CRIME.

o   Retribution is also based on proportionality or ‘just desserts’ so that the sentence reflects the

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