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    9 The Aims of Punishment and Principles of Sentencing

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    iskandar027
    This document outlines the principles of sentencing and punishment in the criminal justice system. It discusses the aims of punishment as deterrence, reform, public protection, and reparation. It also examines culpability and harm when determining the seriousness of an offense and the appropriate sentence. Aggravating and mitigating factors are also considered for both the offense and offender when imposing a proportionate and just punishment.

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    9 The Aims of Punishment and Principles of Sentencing

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    iskandar027
    81 views14 pages
    This document outlines the principles of sentencing and punishment in the criminal justice system. It discusses the aims of punishment as deterrence, reform, public protection, and reparation. It also examines culpability and harm when determining the seriousness of an offense and the appropriate sentence. Aggravating and mitigating factors are also considered for both the offense and offender when imposing a proportionate and just punishment.

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    9 the Aims of Punishment and Principles of Sentencing

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    This document outlines the principles of sentencing and punishment in the criminal justice system. It discusses the aims of punishment as deterrence, reform, public protection, and reparation. It also examines culpability and harm when determining the seriousness of an offense and the appropriate sentence. Aggravating and mitigating factors are also considered for both the offense and offender when imposing a proportionate and just punishment.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    81 views14 pages

    9 The Aims of Punishment and Principles of Sentencing

    Uploaded by

    iskandar027
    This document outlines the principles of sentencing and punishment in the criminal justice system. It discusses the aims of punishment as deterrence, reform, public protection, and reparation. It also examines culpability and harm when determining the seriousness of an offense and the appropriate sentence. Aggravating and mitigating factors are also considered for both the offense and offender when imposing a proportionate and just punishment.

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    © All Rights Reserved
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    of 14

    THE AIMS OF PUNISHMENT AND

    PRINCIPLES OF SENTENCING
    Lady Justice Hallett DBE and Dame Linda Dobbs DBE
    1
    WHY DO PEOPLE BREAK THE LAW?

    • Social circumstances
    • Environmental
    • Psychological
    • Addictions
    • Other
    2
    AIMS OF PUNISHMENT
    • Punishment
    • Reform and rehabilitation of offenders
    • Protection of the public
    • Reparation
    • Reduction of crime (including deterrence
    which can be general and individual)
    3
    PUNISHMENT

    • Punishment, in the sense of the sentence imposed by the


    court, is governed by the law. It can only be for an offence
    against the law, against an actual offender and is imposed
    by those authorised to do so (judges) and must always be
    within the parameters of sentences available under the
    law. It is punishment in the name of the state against
    those who have violated state criminal laws.
    4
    REFORM/REHABILITATION

    • The aim is to change the ways of the criminal, to get them to


    understand what led to the commission of the crime and
    helping them to address the causes and to become responsible
    citizens. Non-custodial measures have a significant part to play.

    5
    PROTECTION OF THE PUBLIC

    • Society needs protecting from criminals, particularly those who


    carry out serious crimes which can have long lasting and often
    fatal consequences. By containing them in prison, society is
    protected from dangerous criminals.

    6
    REPARATION

    • The offender makes reparation by paying back the victim what


    has been taken or by repairing what has been damaged ,
    paying compensation or similar gesture of making good.

    7
    REDUCTION OF CRIME
    ( INCLUDING DETERRENCE)

    • The aim is to stop the offender committing further crime and


    prevent others from committing crime.

    8
    SENTENCING PRINCIPLES

    • Sentence should be commensurate with the seriousness of the


    offence.
    • The seriousness of the offence is determined by culpability and
    harm or risk caused by the offence.
    • The level of culpability of the offender will depend on whether
    the harm caused was intentional, reckless or negligent.
    9
    SENTENCING PRINCIPLES (2)

    • The harm caused may be physical injury, sexual violation,


    financial loss, damage to health or psychological effects.
    • There will be gradations of harm within these categories.
    Harm may be to an individual or to a group of people or the
    community at large.

    10
    SENTENCING PRINCIPLES (3)

    • Assessing seriousness (i.e. culpability and harm)is a difficult task,


    particularly where there is an imbalance between culpability and
    harm.
    • Sometimes the harm that actually results is greater than the harm
    intended by the offender.
    • In other circumstances, the offender’s culpability may be at a
    higher level than the harm resulting from the offence. 11
    SENTENCING PRINCIPLES (4)

    • The precise level of culpability will be determined by such factors


    as motivation, whether the offence was planned or spontaneous or
    whether the offender was in a position of trust.
    • Culpability will be greater if an offender deliberately causes more
    harm than is necessary for the commission of the offence, or where
    an offender targets a vulnerable victim (because of their old age or
    youth, disability or by virtue of the job they do). 12
    SENTENCING PRINCIPLES (5)
    • Where unusually serious harm results and was unintended and
    beyond the control of the offender, culpability will be significantly
    influenced by the extent to which the harm could have been
    foreseen.
    • If much more harm, or much less harm has been caused by the
    offence than the offender intended or foresaw, the culpability of
    the offender, depending on the circumstances, may be regarded as
    carrying greater or lesser weight as appropriate. 13
    SENTENCING PRINCIPLES (6)

    • Aggravating and mitigating factors will be relevant to the


    assessment of seriousness
    • Once the court has assessed the seriousness of the offence,
    the court has to consider the circumstances of the offender
    and any offender mitigation. This is very important.

    14

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