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Sentencing,[object Object]
Starter,[object Object],What sentence should these have got?,[object Object],Men sentenced for killing inmate,[object Object],Conspiring to supply drugs,[object Object],Cooking a hamster in a microwave,[object Object],Racial abuse,[object Object],Causing death by dangerous driving,[object Object]
Why Sentence?,[object Object],Why do we sentence people?,[object Object]
Aims of Sentencing,[object Object],The purposes of adult sentencing were set out in statute for the first time in s142 of the Criminal Justice Act 2003, which provides that:,[object Object],Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing— ,[object Object],(a) the punishment of offenders, (b) the reduction of crime (including its reduction by deterrence), (c) the reform and rehabilitation of offenders, (d) the protection of the public, and (e) the making of reparation by offenders to persons affected by their offences.,[object Object]
The 6 Main Reasons,[object Object],Retribution/Punishment,[object Object],Deterrence,[object Object],Reform/rehabilitation,[object Object],Protection of the public/incapacitation,[object Object],Reparation,[object Object],Denunciation,[object Object]
Deterrence,[object Object],Specific deterrence is concerned with punishing an individual offender in the expectation that he will not offend again.,[object Object],General deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment if they are caught. ,[object Object],Examples: Prison sentence/long prison sentence , Heavy fine,[object Object]
Deterrence,[object Object],Quick Question:,[object Object],Do you think deterrence works?,[object Object],Let’s consider Lord Ahmed’s case.,[object Object],The effectiveness of deterrence is linked to the perceived likelihood of being caught,[object Object],Offenders may not stop and think before they commit crimes,[object Object],General deterrence depends on publicity given for exemplary sentences,[object Object],http://news.bbc.co.uk/1/hi/england/south_yorkshire/7909510.stm,[object Object]
Activity 1,[object Object],Consider whether fear of punishment is likely to deter individuals from committing offences in each of the situations that follow.,[object Object],Note your answers down on a sheet of paper and be ready to support your answers with logical arguments.,[object Object]
Activity 1,[object Object],A convicted burglar walking past a luxury home in the quiet residential street that has keys left in the front door.,[object Object],A Real IRA terrorist who is plotting to plant a car bomb in a major city.,[object Object],The father of two children who is invited to take part in a plan to smuggle a large consignment of heroin into the country.,[object Object],An extremely intoxicated man.,[object Object],A woman who has suffered years of Physical abuse at the hands of her husband is standing in the kitchen. She knows that her husband is about to attack and sees a row of knives in a kitchen rack within range.,[object Object]
The Burglar,[object Object],A burglar may not stop and think before committing the crime as he is unable to resist the opportunity to enter the home easily. ,[object Object],This is an example of a crime committed on impulse.,[object Object], Here fear of punishment will not deter someone.,[object Object]
The Terrorist ,[object Object],The terrorist may not be deterred by the prospect of criminal punishment as he may think he is unlikely to be caught.,[object Object],Terrorist bombs are often detonated by remote control,[object Object]
The father,[object Object],The father is likely to have learnt from the media that those involved in drug dealing run the risk of receiving heavy custodial sentences. This may be a specific deterrent.,[object Object],Exemplary sentences are often passed on drug dealers,[object Object],Many people still think the sentences are too soft,[object Object]
The Drunk Man,[object Object],The intoxicated man will most certainly not stop and think much before he commits a crime.,[object Object],Fear of punishment will not deter him.,[object Object]
The abused woman,[object Object],This woman may act on impulse as she is so distressed. ,[object Object],Fear of punishment will have very little deterrent effect.,[object Object],However, she knows that if she kills him, she faces a life sentence. The life sentence for murder may act as a deterrent here.,[object Object]
Person with a low mental age,[object Object],This person may simply not understand what will happen if they are convicted of a crime.,[object Object],The treat of punishment will not act as a deterrent,[object Object]
Retribution ,[object Object],Retribution rests on the notion that if a person has knowingly done wrong, he or she deserves to be punished ,[object Object],‘an eye for an eye’ ,[object Object],	The state satisfied this need through retributive sentences e.g. public executions ,[object Object]
This idea was at the heart of the previous Conservative Government's White Paper "Crime, Justice and Protecting the Public" (1990). The Government's aim, repeated several times, was to ensure that convicted criminals receive their 'just deserts'. This led to the Criminal Justice Act introducing new sentencing rules to be used by the court. Now what we have is a tariff system, where the Sentencing Guidelines Council produces guidelines for certain offences.. ,[object Object],An example in the early 19th century was,[object Object]
Incapacitation,[object Object],This is also used for the protection of the public. The principle behind this sentence is that the punishment must serve a useful purpose. ,[object Object],Incapacitation means that in some way the offender is made incapable of re-offending. Examples are driving bans and curfews.,[object Object],Discussion: Do you think they are fair and do they work? ,[object Object],Lee Ryan (formerly of Blue) got a driving ban,[object Object]
Reparation,[object Object],This is aimed at compensating the victim of the crime, usually by ordering the offender to pay a sum of money to the victim or to make restitution, for example returning stolen property.,[object Object],Some projects have also included bring together the offender and the victim to make a direct reparation, so that they can make contact.,[object Object],The idea of restitution includes making reparation to society as a whole, usually in the form of community punishment orders where offenders are required to work a certain amount of hours on a community project whilst being supervised. ,[object Object]
Denunciation,[object Object],Denunciation is a way of showing society’s disapproval of criminal activity. The sentence has a message to both the defendant and the public, i.e. society condemns that type of behaviour and justice is being done.,[object Object]
News Reports,[object Object],Look at the news reports, what are your opinions.,[object Object]
Judge for Yourself,[object Object],http://www.directgov.coionline.tv/judgeforyourself/,[object Object]
Activity 2,[object Object],Complete the handout regarding aims of sentencing.,[object Object]

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Notas do Editor

  1. 1. 9 years2. 3 years3. Not sentenced yet4. Suspended 12 month sentence5. 8 Years in a young offenders institution