(A) Describe the different aims of sentencing

Written by Hayley Davies (AS Law)

There are various forms of sentencing aims; the main six include the following retribution, deterrence, rehabilitation, denunciation, reparation and public protection (incapacitation). There various aims are set out so that judges and magistrates not only decide upon a sentence because it is available but instead to also decide what they will achieve by passing that sentence.

Retribution is a sentencing aim that concerns itself with recognizing that the criminal has done something wrong that has damaged both the victim and society. It is an aim very much concerned with punishment it does not look to reduce crime or to change the offenders future behaviour. Therefore retribution main aim is to ensure that the punishment inflicted on the offender is proportionate to the offence committed; retribution contains an element of revenge. This could be seen in the last years of the conservative government as in the white paper of 1990, crime justice and protecting the public there was the suggestion that sentences need to fulfil ≥Just deserts≤ in order to show societies disapproval. Perhaps the lewdest form of retribution can be seen in the old saying of ≥an eye for an eye a tooth for a tooth and a life for a life≤; this saying was used to justify the previously used death sentence. However today retribution is based more on the idea of set tariffs. The crime and disorder act 1998 set about issuing many more guidelines involving the sentences. As with all the aims there are problems with retribution as other factors are involved that can be ignored and not considered and this can cause unjust in some circumstances. For example a tariff system of fixed fines do not consider the individuals financial situation therefore the punishment would be far more severe for a poor person compared to someone well off. This could in effect cause a prison sentence for the poor person as they may not be able to pay the fine. Therefore it is argued that those with stable homes and jobs are less likely to get a custodial sentence than those without.

In contrast to retribution the aim of deterrence is to prevent offenders from committing future crimes. There are two forms of deterrence they are individual deterrence the main idea behind this form of sentencing aim is to present the idea of unpleasant punishment to therefore put offenders off the idea of re-offending. The second is general deterrence which involves showing other people what is likely to happen to them if they commit a crime. Individual deterrence is put in force by the use of prison sentences, suspended sentences or heavy fines. This aim of sentencing is not very successful examples of the ineffectiveness include the fact that 55% of adult prisoners re-offend within two years of their release and custodial sentences for young offenders has an even less of a deterrent effect. Other points to consider are that deterrence relies on the idea that offenders stop to consider the consequences of their actions but the fact is that most crimes are committed on impulse and most are under the influence of drugs and alcohol therefore they are unlikely to stop and think what will happen to them if they caught. It is often argued the most likely form of deterrent is the fear of getting caught but as crime detection is low the likelihood of getting caught is seen as being remote. The introduction of closed circuit televisions are proof of the real deterrence as there was 83% crime in reduction within a year. General deterrence conflicts with retribution as it involves longer term sentences than deserved. Deterrence is seen as probably the least effective and least fair form of sentencing.

Rehabilitation main aim is to reform the offender so that they are less likely to commit a future offence and to rehabilitate him/her back into society. This is achieved through the offender learning to see the harm that they are causing or through education, training and other forms of help. By doing this they find other ways to make a living and spend their free time. When a court considers rehabilitation the sentence used is created to suit the individual it is an individualised sentence that is aimed at the needs of the offender. This clashes with the idea of retribution and tariff sentences therefore this leads to the idea/criticism of inconsistent sentencing as offenders who have committed exactly the same type offence may be given different sentences because of the emphasis on the individual. Another criticism is that rehabilitation tends to discriminate against the under privileged, poor offenders are less likely to be seen as possible candidates for reform. Over the past five years with the growing prison population the idea of rehabilitation has become a popular prospect. Many offending behaviour programmes have been set up in prisons; the programmes involving courses such as anger management, alcohol and drug abuse, domestic violence and victim awareness. These programmes offer a 35 session course run by probation officers and psychologists; they focus on six key areas impulse control, flexible thinking or learning from experience, means end testing, perspective taking, problem solving and social skills also attendance becomes voluntary after 20 sessions. But again the question is asked does rehabilitation work when released prisoners prospects are not great and therefore this can cause them to succumb to previous temptations.

Denunciation is society expressing its disapproval of criminal activity. The aim of the sentence is to indicate to both the offender and other people that society condemns certain types of behaviour in order to show people that justice is being done. Denunciation enables re-enforcement of moral boundaries of an acceptable conduct. Therefore in turn denunciation can shape societyπs views on the criminality of certain conducts for example a majority of society now see drink driving as an unacceptable behaviour this is a result of changes in the law and the increase of harsh sentences such as prison sentences, loss of licence and heavy fines. The criminal justice act 1991 put both denunciation and retribution as the most significant concepts. Therefore overall denunciation provides a clear message that society as a whole will not tolerate certain behaviour.

Reparation is a sentencing aim that involves compensating the victim of a crime. This is usually done by the offender being ordered to pay a sum of money to the victim to compensate or to returning the stolen property to the owner. The courts are required to consider ordering compensation to the victim as well as another appropriate penalty. Reparation may also be fulfilled by bringing both the offender and victim together this is known as direct reparation. The idea of restitution or compensation also includes providing reparation to society as a whole. This can be fulfilled through community punishment orders where offender is required to complete so many hours helping with a community project.

The final form of sentence aims comes in the form of public protection (incapacitation).This concept of this is to that punishment must serve a useful purpose; meaning that it will in turn benefit society as a whole or that it will help the offender in some way. Incapacitation means that in some way the offender is made incapable of re-offending. This aim is thought of as protecting society from the offenders criminal activities; this is achieved through removing dangerous offenders from society through the use of long prison sentences. Also the use of minimum sentences for persistent offenders is aimed at protecting the public from their repeated criminal acts. Other forms of punishments or penalties that could be viewed as incapacitating the offender may include driving bans, exclusion orders, curfew orders etc. Public protection has been criticised as being an extremely expensive way of dealing with crime prevention. It can also be argued it is in fact counter productive because prison is often the place where offenders pick up new ideas and techniques.

In conclusion it can be seen that there are different aims of punishment which all contain there own individual ideas. They all also have their own plus sides and criticisms.

(B) Illustrate the ways in which different sentences maybe used to support different aims of sentencing.

There are many different sentences passed which may often be used to support different aims of sentencing. There are four main types of sentences available these include custodial sentences, community sentences, fines and discharges.

Custodial sentences are basically prison sentences but they come in various forms. Firstly a sentence of imprisonment is available for offenders aged 21 years old and above. The length of prison sentence depends on the seriousness of the crime, the maximum sentence available for the particular crime and the defendantπs previous record. Prisoners do not serve the whole of the sentence passed by the court. This form of sentence would support the aims of retribution and incapacitation as prison sentences are often given in order to protect the public and a prison sentence is seen as the harshest form of punishment.

The home detention curfew was set up by the crime and disorder act 1998 it allows early release from prison but with curfew conditions this form of sentence is only given if it is considered that it would suitable to the prisoner. The idea of it is to encourage prisoners to structure their lives, prevent re-offending and to cut the prison population. This form of sentence greatly supports rehabilitation as it shares similar if not the same aims.

The use of extended sentences would support again the idea of retribution as it is a strong punishment also Incapacitation as it is a sentence in that it protects the public from dangerous criminals for longer and finally I think it would support the aim of deterrence as it is almost like an additional sentence because although that the offender is at liberty they are on license. Therefore it is a sentence on top of the custodial sentence which can last up to 10 years for a sexual offence or 5 years for a violent offence. The idea behind the sentence is to have a greater control over sex offenders and these offenders are also required to register with police so it is known where they are living.

Finally there is a suspended prison sentence which is where the offenders sentence does not immediately take effect the suspended sentence can last for up to two years the court will fix the time. The sentence will not be served if the offender doesnπt commit any further offences but if they do within the suspension then their sentence is activated and they will serve both that sentence and the sentence for the new offence. This form of sentence would support the aims of both deterrence and denunciation as the offender would realise what they have done and as they know they could be sent straight to prison if they commit another offence they are unlikely to re-offend. Denunciation in the fact that the offenders will realise his/her crime has been recognised and that it wonπt be tolerated by society.

There are also various custodial sentences for young offenders. Young offenderπs institutions which are for 18 to 20 year olds these hold a minimum sentence of 21 days and a maximum of what is allowed for particular offence. Along with this sentence is he detention and training order which was created by the crime and disorder act 1998. This can be passed on offenders aged 12 to 21 there is a min. sentence of 4 months and a max. Of 24. However the order can only be made for those under 15 if they are persistent offenders. The order can also extend to 10 to11 year olds if court has opinion that it is the only way to protect public. Other sentences involving custodial sentences for young offenders include detention for serious crimes and detention at her majestyπs pleasure. The sentence of detention of serious crimes is for very serious offences it is where the courts have additional power to order offender to be detained for longer periods also this power only available for 10 to 13 year olds if crime committed carries a sentence of 14 years for adults or an offence of an indecent assault of a woman under sec14 of sexual offences act 1956. The detention at her majestyπs pleasure is for 10 to 17 year olds who are convicted of murder. These sentences would all support the aim of retribution as they are sentences of seemingly strong punishments. Overall custodial sentences would support the aim of retribution as the type of sentence suitable to achieve retribution depends on gravity of the offence but obviously the more serious the offence then the more likely it is that a custodial sentence will be passed. It can also be argued that a custodial sentence would also support the protection of the public in the short term because the offenders are taken out of society and finally custodial sentences could be seen to the aim of rehabilitation due to new courses being introduced aimed at rehabilitating the offender in many prisons over the U.K.

The second main type of sentence is a community sentence. There are also seven various forms of sentences in this category which includes a community rehabilitation order. This is where the offender is put under supervision of a probation officer for a period between 6 months and 3 years. During this time the offender has to keep in regular contact with the probation officer and must lead a productive and honest life. Obviously this would support the aim of rehabilitation however this form of sentence has been criticised for not preventing re-offending as about 60% are reconvicted within 2 years.

The community punishment order which is where the offender is ordered to work between 40 and 240 hours on suitable project organised by a probation officer an example of work maybe to paint a play centre etc. Similarly to this sentence is the community punishment and rehabilitation order which is a combination of a max. of 100 hours community punishment and the offender has to keep to his/her community rehabilitation order. These two forms of sentences support obviously rehabilitation but also most of the other aims of sentencing including retribution as it is a punishment, reparation as they are giving something back to the community, denunciation because the sentence is indicating to the offender that you have to pay but also to the public that they have been sentenced to something therefore justice is being done also perhaps deterrence because even though it may be seen as not a harsh sentence it is still a sentence and could therefore put the offender off committing future crimes.

Curfew orders are another form of community sentences this where the offender is ordered to remain at a fixed address for between 2 and 12 hours in a 24 hour period this may also be enforced by electronic tagging. There may also be other forms of monitoring such as spot checks etc. This form of sentence may be seen to support incapacitation as the offender particularly if tagged it will be known where they are at all times and so protect the public. Again this may also support rehabilitation. The drug treatment and testing orders this if for offenders 16+ and the order can only be made if the offender is willing. It can last between 6months and 3 years it is where treatment for drug abuse is given a frequent drug testing is provided. With this order court reviews are held to discuss the offenderπs progress. This form of sentence would support certainly rehabilitation as it is giving the offender a chance sort themselves out in order for them to lead a productive life and prevent re-offending.

The recently added community sentences include exclusion orders and drug abstinence orders. Exclusion orders are where offenders are ordered to stay away from certain areas for example areas where they are most likely to commit a crime this order can last up to 2 years. Drug abstinence order is for 18+ it is where an offender is ordered to abstain from using from misusing class A drugs; it is enforced by drug testing. These two forms of community sentences similarly to most community sentences support the aims of rehabilitation.

The last two types of sentences include fines and discharges. Fines are the most common way of disposing a case in the magistrates compared to only a small percentage in the crown court. Discharges come in two forms these include conditional discharges and absolute discharges. A conditional discharge is where an offender is discharged on the condition that no further offence will be committed during a set period of up to 3 years. An absolute discharge is where no penalty is imposed. Fines may support various aims of sentencing including retribution and deterrence because it is both a punishment and it would most probably put people off re-offending. I think a conditional discharge may also support deterrence.

In conclusion there are many other sentences that would also support the different aims of sentencing examples of these include disqualification from driving, compensation orders and restitution orders, deprivation and forfeiture orders, deferred sentences, action plan orders, supervision orders, attendance centre orders and parenting orders etc. Some of the sentences as previously mentioned can be used to achieve more than one aim. Therefore it can be clearly seen that there are many different ways in which sentences can support the different aims of sentencing.