Sentencing Theories of sentencing: Retribution Retribution Denunciation Denunciation Incapacitation Incapacitation Deterrence Deterrence Rehabilitation Rehabilitation Reparation Reparation

Theories of sentencing One theory of sentencing is retribution This is the idea of punishment for a crime Little or no thought given to reducing future crime or changing the offenders’ future behaviour Punishment inflicted is proportional to the offence

Retribution Basically like the old saying ‘an eye for an eye’…

Retribution

Retribution Nowadays more the idea that each offence should have a set tariff Nowadays more the idea that each offence should have a set tariff Based on the idea of a “correct” punishment for certain offences Based on the idea of a “correct” punishment for certain offences

Retribution Tariff sentences are sometimes criticised: Tariff sentences are sometimes criticised: 1. Remove discretion from a judge 2. Sentences uniform 3. Don’t allow for mitigating factors 4. What happens with fines? A £500 fine might be a lot to some offenders, but very little to others…

Denunciation Society expressing disapproval of a crime Society expressing disapproval of a crime Sentence should show to both the offender and other people that society condemns certain types of behaviour Sentence should show to both the offender and other people that society condemns certain types of behaviour Reinforces moral boundaries, moulds society’s views on criminality of certain conduct Reinforces moral boundaries, moulds society’s views on criminality of certain conduct

Incapacitation/Protection of Public Make the offender in some way incapable of re-offending Make the offender in some way incapable of re-offending In some countries hands are cut off thieves In some countries hands are cut off thieves In some American states, drugs are administered to sex offenders In some American states, drugs are administered to sex offenders

Incapacitation/Protection of Public This is achieved in the UK by the removal of dangerous offenders from society through long prison sentences This is achieved in the UK by the removal of dangerous offenders from society through long prison sentences

Incapacitation/Protection of Public Other penalties that can be viewed as incapacitating the offender are: 1. D riving bans 2. B ans from being in a certain place (e.g. a football stadium) 3. C urfews

Deterrence Sentencing with the aim of cutting future crime through fear of punishment Sentencing with the aim of cutting future crime through fear of punishment There is individual and general deterrence There is individual and general deterrence

Deterrence Individual deterrence is sentencing with the aim of deterring an individual from committing similar crimes in the future. Examples: Prison sentence Suspended sentence Heavy fine

Deterrence It’s often popular, but does deterrence actually work? Prison does not appear to deter: 55% of adult prisoners re-offend within two years of release Do offenders really stop to consider the consequences of their actions? Most crimes “spur of the moment” often under the influence of drugs or alcohol.

Deterrence General deterrence is aimed at preventing potential offenders from committing crimes General deterrence is aimed at preventing potential offenders from committing crimes Courts occasionally “make examples” of offenders if there is a large increase in a particular type of crime. Courts occasionally “make examples” of offenders if there is a large increase in a particular type of crime. (1985), where a football hooligan got a life sentence An example is R v Whitton (1985), where a football hooligan got a life sentence

Deterrence General deterrence is in direct conflict with the theory of retribution General deterrence is in direct conflict with the theory of retribution This is because it involves sentencing an individual to a longer sentence than is deserved for a particular offence This is because it involves sentencing an individual to a longer sentence than is deserved for a particular offence Probably the least effective and least fair form of sentencing Probably the least effective and least fair form of sentencing

Rehabilitation Aim to change the offenders future behaviour, reform them for rehabilitation into society. Examples of rehabilitation: Aim to change the offenders future behaviour, reform them for rehabilitation into society. Examples of rehabilitation: 1. Community rehabilitation orders 2. Community service orders 3. Drug testing and treatment orders 4. Drug abstention orders

Rehabilitation Looks at needs of offender, in direct conflict with tariff sentencing and retribution Can lead to inconsistency in sentencing, different sentences for exactly same crime Often criticised for tending to discriminate against the underprivileged Often seen as ‘soft’ by some

Reparation Aimed at compensating the victim of the crime For example, it could be making the offender pay a sum of money to victim, or returning stolen property to its rightful owner

Reparation Courts in England are required to consider ordering compensation to victims Courts in England are required to consider ordering compensation to victims Section 130 of the Powers of the Courts (sentencing) Act 2000 means courts have a duty to give reasons if they do not make a compensation order Section 130 of the Powers of the Courts (sentencing) Act 2000 means courts have a duty to give reasons if they do not make a compensation order Reparation to society as a whole can be seen through Community Punishment orders Reparation to society as a whole can be seen through Community Punishment orders