Sentencing
Theories of sentencing:
 Retribution
Denunciation
Incapacitation
Deterrence
Rehabilitation
Reparation
Theories of sentencing
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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
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Basically like the old
saying ‘an eye for an
eye’…
Retribution
Retribution
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Nowadays more the
idea that each offence
should have a set tariff
Based on the idea of a
“correct” punishment
for certain offences
Retribution
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Tariff sentences are sometimes
criticised:
Remove discretion from a judge
Sentences uniform
Don’t allow for mitigating
factors
What happens with fines? A
£500 fine might be a lot to
some offenders, but very little
to others…
Denunciation
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Society expressing
disapproval of a crime
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
Incapacitation/Protection of Public
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Make the offender in some way
incapable of re-offending
In some countries hands are cut
off thieves
In some American states, drugs
are administered to sex
offenders
Incapacitation/Protection of Public
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This is achieved in the UK by the removal
of dangerous offenders from society
through long prison sentences
Incapacitation/Protection of Public
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Other penalties that can
be viewed as
incapacitating the
offender are:
Driving bans
Bans from being in a
certain place (e.g. a
football stadium)
Curfews
Deterrence
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Sentencing with the aim
of cutting future crime
through fear of
punishment
There is individual and
general deterrence
Deterrence
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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
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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
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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.
An example is R v Whitton
(1985), where a football hooligan
got a life sentence
Deterrence
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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
Probably the least effective and least fair
form of sentencing
Rehabilitation
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Aim to change the
offenders future
behaviour, reform them
for rehabilitation into
society. Examples of
rehabilitation:
Community rehabilitation
orders
Community service orders
Drug testing and
treatment orders
Drug abstention orders
Rehabilitation
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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
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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
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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
Reparation to society as a whole can be
seen through Community Punishment
orders