AC 2.2

• Aims of sentencing:

  • retribution/punishment
  • reparation/restitution
  • rehabilitation/reform
  • deterrence
  • protection of public/incapacitation
• Aim of punishment- retribution

  • 'eye for an eye' 
  • Punishment should be given according to the crime 
  • Immanuel Kant- punishment should not be means to an end, but an end itself 
  • Need to think about what they've done wrong & that the punishment matches the crime. Doesn't look at any other factors for the crime 
  • Punishment should be a consequence because they deserve it 
  • Durkheim- expressive view of punishment- expresses society's outrage for an act 
  • Punishment should be proportionate to the crime caused. 
• Von Hirsch-just desserts theory


  The core of punishment is the expression of blame or censure
• Von Hirsch-just desserts theory

  • Addresses the fact that the victim has been wronged by another person's actions
  • The person should then have a deprivation or punishment- pain is inflicted as a consequence
  • Serving a sentence is an indication of the fact that an offence is accepted as wrong-offender is demonstrating they accept society's values about what is right/wrong
  • Punishment is deserved- proportionate to the crime
  • State sanctions should reflect severity of crime
  • The severity of the sentence should express the blame
  • Not concerned with future offending
  • Think about what offender deserve for current crime
  • Should be a tariff of punishments relating to the ranking of offences
• Criminal Justice Act

  • Simple grading of punishment: 3 groups according to seriousness: those warranting a community sentence & those warranting a custodial sentence
• criticism of retribution:

  • Not looking at preventing future offences 
  • Punitive approach 
  • Tends to only look at crime itself and not any other factors 
  • Mitigating factors not looked at- no outside factors e.g. On drugs, drunk 
• Rehabilitation/reform 

  • Help the offender come back into society 
  • Tries to stop them from going to a university of crime 
  • Attempts to help them change their behaviour 
  • Key for young offenders 
  • Attempts to break the cycle of offending 
  • May only work if they want change 
• The Rehabilitation of Offenders Act 1974 

  • People with spent convictions & cautions have the right to not disclose them when applying to most jobs & buying insurance 
  • Apart from people given sentences for 4 or more years, most people with convictions will benefit from this at some point in their lives 
  • Changes came into force 10th March 2014 

   
• evaluation of rehabilitation-Cost

  • Can be expensive to go through as the process needs to paid for by programmes 
  • Different types cost different amounts- expensive for people to pay  
  • People may not be happy with the prices- taxpayers money 
• evaluation of rehabilitation-effectiveness

  • Can be effective as you are helping someone 
  • Cases- Jamie Bulger, Charles Bronson 
  • Only as effective as the person apart of the programme allows it to be 
  • What the offender wants can depend on the effectiveness. If they don't want to change then it won't be as effective 
  • Views of the public- lack of popularity with voters 
  • Jamie bulger- public were up in arms about the kids who were getting money spent on them.  
  • Say it's being soft on crime. People like to see people be tough on crime 
• General deterrence

  • Preventing potential offenders 
  • Generalised to the whole public 
  • Beccaria- offending is a rational choice, punishment should be limited to what will prevent crime 
  • Punishment should be based on severity of the crime, must be consistent & proportionate 
  • Not torment the individual crime 
  • Sentencing guidelines 
  • Links to tariff system we have in Britain 
  • Shows society's disapproval 
• Individual deterrence

  Stop the offender from reoffending 

  • May use suspended sentences 
  • Gone before the judge & they say you are on the cusp of the sentencing. Been given a sentence, but as long as you don't break the law in a set amount of time, then you don't have to spend it in prison 
• Specific deterrence 

  • For example, Short Sharp Shock 1980s Conservative government policy or American Bootcamps, Three Strikes & Out sentencing (3rd offences triggers a custodial sentence) 
• Public protection 

  • Keeping society safe from dangerous offenders 
  • May be putting the offender in prison or by doing something to keep the offender away from situations of temptation 
  • By incapacitating them= hitting the offender where it hurts metaphorically
• Public protection (incapacitation) 

  • Punishment protects society from dangerous criminals 
  • Based on a view that the state has a duty to protect potential victims 
  • e.g. electronic tag, death penalty, chemical castration of sex offenders 
  • State has a duty to protect society 
• Evaluation of public protection 

  • Definitely protects the public 
  • People are safe 
  • Doesn't allow for offender to rehabilitate 
  • People won't learn how to behave- 
  • Short prison sentence 
  • Not solving the main issue 
  • Expensive 
  • Prison cost a lot 
  • Court costs, police needing to arrest & re-arrest 
  • Comes from tax payers money 
  • Impact of miscarriages of justice 
  • Crime control 
  • Derek Bentley 
• Reparation/restitution 

  • Repairing the damage that has been done by the defendant 
  • Compensates the victim of crime 
  • Something to make up for the damage done 
  • Compensation could be financial, through community pay back schemes or restorative justice