Sentencing Essay 2

Submitted By Pauline63
Words: 1813
Pages: 8
Open Document
Sentencing law and punishment is undoubtedly one of the most important areas of law and criminal justice. The historical background of protective sentencing is particularly important since, as Pratt (1995,1996 cited Henman 2003, p.3) has argued convincingly, “It is closely linked to the postmodern emphasis on individual self-government and the related expectation that state intervention is necessary to protect citizen’s rights to life, security and self-determination”. Seemingly, the theories and practices of the past uphold many of the sentencing guidelines, as we know them in the in the UK today, however they are handled in a fair and civilised manner. Various agencies are involved in the sentencing process, including the probation service, the courts and the sentencing council. The Sentencing Council is a non-departmental public body of the Ministry of Justice. The Coroners and Justice Act 2009 created the sentencing council in 2010, replacing the Sentencing Guidelines Council and the Sentencing Advisory Panel.(Norrie,1993) Sentencing guidelines are applicable in all criminal courts in England and Wales to ensure offenders a given a fair sentence, and ensure that the punishment does not outweigh the crime.

The theories and practices that underpin sentencing can be very intricate, for the sentencing process to work successfully these agencies have to work together and follow the guidelines set out by the sentencing council. Parliament sets out sentencing guidelines for the courts to follow therefore, sentencing laws changes according to whichever government is in power. (Joyce, 2006)

There are several different types of courts within the English criminal justice process and the two most important are the magistrates’ courts and the Crown Courts. The magistrates’ courts are the ‘work horses’ of the criminal justice process, and deal with at least 95% of all criminal cases. Uglow (1995 cited in Burke 2012, p.114). Three magistrates or a district judge hears cases in the magistrate’s court, these cases are known as ‘summary offences’, e.g. petty theft, shoplifting and minor public disorder, however, some of the more serious offences such as grievous bodily harm and domestic abuse, known as ‘either way’ offences, can be heard both courts, depending on the seriousness. Sentences of up to 6 months in prison or up to 12 months in total for more than one offence, a fine of up to £5,000, a community sentence or a combination of punishments e.g. a fine and unpaid work in the community can be given out by magistrates’. Magistrates’ are the only court that can give sentences out in weekly terms. Crown Courts deal with criminal cases of a serious nature, e.g. kidnap, sexual offences and high value theft. Crown Court judges also hear appeals against convictions given by a magistrate, and cases passed on to them from the magistrates for sentencing or trial. Community sentences are the most common sentence given for indictable offences, making up for almost a third of sentences passed in magistrates’ and Crown Courts. (Criminal Courts, 2013)

Under the English Legal System, there are six different aims for sentencing criminals: retribution, incapacitation, deterrence, reparation, denunciation and rehabilitation, otherwise known as community sentences. The aims of these sentences are to fit the weightiness of the crime, whilst taking into account the rehabilitation of the offender.

Three types of theories of sentencing used for community sentences include deterrence, rehabilitation and retributivism ; Deterrence, the idea that punishments should be of such a nature that they will put people off (deter) committing crimes. there are two types of deterrence specific deterrence of those actually sentenced, and general deterrence of others put off from offending for fear of the sentencing consequences. However, high crime rates can easily be used to demonstrate that deterrence is not as effective as the government hoped it would be. If
Show More

Related Documents: Sentencing Essay 2

Odom Mandatory Sentencing Is Unfair Among Many Americans Essay

Mandatory Sentencing is Unfair among Many Americans. Mandatory sentencing in nonviolent drug cases should be ended Roneshia Odom American Intercontinental University/Online Abstract This essay will show why mandatory sentencing need to be outlawed in bring a new pattern of laws that need to be place for these offenses even though the lawmakers making good intent but it costing the taxpayers millions of dollars and show how the prison population is growing plus how private prisons and other…

Words 607 - Pages 3

Crack Sentencing Inequalities Essay

Richard Salvagno SOC 2460: Drugs and Society Reaction Essay #2 Due Friday, April 5, 2013 The derivative of cocaine known as “crack’ has become a prolific drug in recent decades. Due to its high potency and addiction capability, crack offers instantaneous effects for its users that develop into serious addictions. The social standing of crack has evolved into a lower-class substance because of its inexpensive price and rampant use among those in urban environments. Discrepancies between…

Words 1266 - Pages 6

Abolition Of Partial Defence

punishments in NSW. Furthermore, Judges have been allowed greater discretion in sentencing. These progressions in have stimulated criticism and debate over the true operation and purpose of the NSW partial defences. In particular, the defences of provocation and infanticide have been viewed as unnecessary in the contemporary criminal process, and their operational flaws have recently been criticised by the public. This essay argues that the abolition of these partial defences would allow for greater…

Words 885 - Pages 4

Legal Aid Sentencing

the costs of legal aid were increasing rapidly but the number of people assisted was decreasing. The government responded in its Modernising Justice White Paper in 1998 which included a strategy to reduce the cost of justice for all. The Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) replaced the Legal Services Commission and was enacted…

Words 836 - Pages 4

Essay on Chapter 1—the Importance of Business Ethics Test Banks

absolute. | d. | the obligations businesses assume to maximize their positive impact and minimize their negative impact on stakeholders. | e. | the mores, values, and customs that parents teach their children. | ANS: C PTS: 1 REF: p. 7 2. Social responsibility is a. | an organization's obligation to maximize its positive effects and minimize its negative effects on…

Words 2292 - Pages 10

Essay about The Rich Get Richer and the Poor Get Prison

The Rich Get Richer and the Poor Get Prison JEFFREY H. REIMAN American University or the same criminal behavior, the poor are more likely to be arrested; if arrested, they are more likely to be charged; if charged, more likely to be convicted; if convicted, more likely to be sentenced to prison; and if sentenced, more likely to be given longer prison terms than members of the middle and upper classes.1 In other words, the image of the criminal population one sees in our nation’s jails and prisons…

Words 12487 - Pages 50

take home exam JST Essays

Part A- Short Answer Questions 2. 'Diversionary measures in the juvenile justice system are a cost-cutting measure that reduces the burden on the court system and provides less formal options of dealing with young offenders. It is a win-win'. Critique this statement by providing 5 key points regarding the advantages and disadvantages of diversionary measures. 1. Financial- Court based methods of dealing with youth justice are amongst the most costly means of dealing with juvenile crime due to…

Words 3063 - Pages 13

Justice In Criminal Justice

is committed and an individual is caught in the act, there is a set process that one follows to adhere to the rules of the criminal justice system. This method can be simplified by looking at the common flow of events: (1) an individual is arrested, (2) individual is brought to court, (3) individual receives a punishment. Though it may appear that the way in which the criminal justice system functions is sufficient, many voice the concern that there are certain key players affected by crimes that are…

Words 706 - Pages 3

Gabriella Mahaffey Restorative Justice Cases

Gabriella Mahaffey Restorative Justice Spring 2024 Written Assignment Part 2. For this essay, I decided to continue with the case study involving my father's childhood best friend. I talked about 2 different crimes Freddie committed, but in this essay, I will be focusing on the first crime. However, I still keep the second crime and its effects on the stakeholders in the back of my mind when deciding which restorative practice would be most effective. After taking a lot of time to reflect on this…

Words 1144 - Pages 5

Black Mass Incarceration Research Paper

African Americans are still locked up today for crimes that they didn’t commit just because the Supreme Court wants to make victims say their guilty so they can deal with something more important and they can get the case over with. This source helps my essay by giving me information of African Americans mass incarceration and how there many African Americans in prison by giving an example about Angola…

Words 1101 - Pages 5