SentencingSentencingTheories of sentencing:Theories of sentencing:

RetributionRetributionDenunciationDenunciationIncapacitationIncapacitation

DeterrenceDeterrenceRehabilitationRehabilitation

ReparationReparation

Theories of sentencingTheories of sentencing One theory of sentencing is One theory of sentencing is

retributionretribution This is the idea of This is the idea of

punishmentpunishment for a crime for a crime Little or no thought given to Little or no thought given to

reducing future crime or reducing future crime or changing the offenders’ changing the offenders’ future behaviourfuture behaviour

Punishment inflicted is Punishment inflicted is proportional to the offenceproportional to the offence

RetributionRetribution

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

RetributionRetribution

RetributionRetribution

Nowadays more the Nowadays more the idea that each idea that each offence should have offence should have a set a set tarifftariff

Based on the idea of Based on the idea of a “correct” a “correct” punishment for punishment for certain offencescertain offences

RetributionRetribution

Tariff sentences are Tariff sentences are sometimes criticised:sometimes criticised:

1.1. Remove discretion from a Remove discretion from a judgejudge

2.2. Sentences uniformSentences uniform3.3. Don’t allow for mitigating Don’t allow for mitigating

factorsfactors4.4. What happens with fines? A What happens with fines? A

£500 fine might be a lot to £500 fine might be a lot to some offenders, but very some offenders, but very little to others… little to others…

DenunciationDenunciation Society expressing Society expressing

disapproval of a crimedisapproval of a crime Sentence should show to Sentence should show to

both the offender and other both the offender and other people that society people that society condemns certain types of condemns certain types of behaviourbehaviour

Reinforces moral boundaries, Reinforces moral boundaries, moulds society’s views on moulds society’s views on criminality of certain conductcriminality of certain conduct

Incapacitation/Protection of PublicIncapacitation/Protection of Public

Make the offender in some Make the offender in some way incapable of re-way incapable of re-offendingoffending

In some countries hands are In some countries hands are cut off thievescut off thieves

In some American states, In some American states, drugs are administered to drugs are administered to sex offenderssex offenders

Incapacitation/Protection of PublicIncapacitation/Protection of Public

This is achieved in the UK by the This is achieved in the UK by the removal of dangerous offenders from removal of dangerous offenders from society through long prison society through long prison sentencessentences

Incapacitation/Protection of PublicIncapacitation/Protection of Public

Other penalties that Other penalties that can be viewed as can be viewed as incapacitating the incapacitating the offender are:offender are:

1.1. Driving bansDriving bans

2.2. Bans from being in a Bans from being in a certain place (e.g. a certain place (e.g. a football stadium)football stadium)

3.3. CurfewsCurfews

DeterrenceDeterrence Sentencing with the Sentencing with the

aim of cutting future aim of cutting future crime through fear of crime through fear of punishmentpunishment

There is There is individual individual and and general general deterrencedeterrence

DeterrenceDeterrence

Individual deterrence Individual deterrence is is sentencing with the aim of deterring sentencing with the aim of deterring an individual from committing an individual from committing similar crimes in the future. similar crimes in the future. Examples:Examples:

Prison sentencePrison sentence Suspended sentenceSuspended sentence Heavy fineHeavy fine

DeterrenceDeterrence It’s often popular, but does It’s often popular, but does

deterrence actually work?deterrence actually work? Prison does not appear to Prison does not appear to

deter: 55% of adult prisoners deter: 55% of adult prisoners re-offend within two years of re-offend within two years of releaserelease

Do offenders really stop to Do offenders really stop to consider the consequences of consider the consequences of their actions?their actions?

Most crimes “spur of the Most crimes “spur of the moment” often under the moment” often under the influence of drugs or alcohol.influence of drugs or alcohol.

DeterrenceDeterrence General deterrenceGeneral deterrence is is

aimed at preventing potential aimed at preventing potential offenders from committing offenders from committing crimescrimes

Courts occasionally “make Courts occasionally “make examples” of offenders if examples” of offenders if there is a large increase in a there is a large increase in a particular type of crime.particular type of crime.

An example is R v Whitton (1985), where a football (1985), where a football hooligan got a life sentencehooligan got a life sentence

DeterrenceDeterrence

General deterrence is in direct General deterrence is in direct conflict with the theory of retributionconflict with the theory of retribution

This is because it involves sentencing This is because it involves sentencing an individual to a longer sentence an individual to a longer sentence than is deserved for a particular than is deserved for a particular offenceoffence

Probably the least effective and least Probably the least effective and least fair form of sentencingfair form of sentencing

RehabilitationRehabilitation Aim to change the Aim to change the

offenders future offenders future behaviour, reform behaviour, reform them for rehabilitation them for rehabilitation into society. Examples into society. Examples of rehabilitation:of rehabilitation:

1.1. Community Community rehabilitation ordersrehabilitation orders

2.2. Community service Community service ordersorders

3.3. Drug testing and Drug testing and treatment orderstreatment orders

4.4. Drug abstention ordersDrug abstention orders

RehabilitationRehabilitation

Looks at needs of offender, in Looks at needs of offender, in direct conflict with tariff direct conflict with tariff sentencing and retributionsentencing and retribution

Can lead to inconsistency in Can lead to inconsistency in sentencing, different sentencing, different sentences for exactly same sentences for exactly same crimecrime

Often criticised for tending to Often criticised for tending to discriminate against the discriminate against the underprivileged underprivileged

Often seen as ‘soft’ by some Often seen as ‘soft’ by some

ReparationReparation

Aimed at compensating Aimed at compensating the victim of the crimethe victim of the crime

For example, it could be For example, it could be making the offender pay making the offender pay a sum of money to a sum of money to victim, or returning victim, or returning stolen property to its stolen property to its rightful ownerrightful owner

ReparationReparation Courts in England are required to Courts in England are required to

consider ordering compensation to consider ordering compensation to victimsvictims

Section 130 of the Powers of the Section 130 of the Powers of the Courts (sentencing) Act 2000 means Courts (sentencing) Act 2000 means courts have a duty to give reasons if courts have a duty to give reasons if they do not make a compensation they do not make a compensation orderorder

Reparation to society as a whole can Reparation to society as a whole can be seen through Community be seen through Community Punishment ordersPunishment orders