Critically examine the rationales which underpin sentencing practice which is the most politically persuasive in the
Title of Assignment: Critically examine the rationales which underpin sentencing practice. Which is the most politically persuasive in the year 2004? Word Count: 3,399 Critically examine the rationales which underpin sentencing practice. Which is the most politically persuasive in the year 2004? The meaning of sentencing is generally not thought about much and if you were asked to define sentencing, you would probably find it quite difficult and have to think for some time to come up with the words to try and begin to explain sentencing. You may think that defining sentencing is relatively easy but a moment¡¦s reflection would prove this thought wrong. We are so used to hear the word sentencing that we no longer give it a second thought. There is no statutory or law definition of sentencing which is in general use. A definition of sentencing can include many things such as the ¡¥punishment¡¦ for an offence committed that the Court will hand down to the offender, for example a fine or a custodial sentence and also Orders imposed upon the offender which cannot be deemed as punishments, for example a hospital order and compensation order. ... , while in the Magistrates¡¦ Courts (NI) Order 1981, article 140(2), sentencing is defined as ¡¥any order made on conviction¡K¡¦. There may be no general used definition of sentencing but there are many rationales of sentencing. ... Thus the prime determinant of sentencing should be to ensure that the punishment imposed is that which is deserved for the offence, having regard to the seriousness of the harm caused or risked by the offender and the degree of the offender¡¦s culpability. ... 47, 1993) Under the retributive framework for sentencing, punishment is justified as a natural and appropriate response to crime. ... The key concept of the retributive theory of sentencing is proportionality. ... The concern here is that motives and rationales that lie behind the offending behaviour occurring can perhaps never be outlined, but through the rational use of punishment as a negative measure, problematic behaviour can be extinguished. ... ¡¨ Ashworth (1995) The 1990 White Paper bought to our attention the fact that the people who sentence and those who talk about deterrence often overestimate the likely consequences of increases in penalty levels ¡§much crime is committed on impulse, given the opportunity presented by an open window or unlocked door, and it is committed by offenders who live from moment to moment¡KIt is unrealistic to construct sentencing arrangements on the assumption that most offenders will weigh up the possibilities in advance and base their conduct on rational calculation. ... Rehabilitation is a philosophy of sentencing where the disposal is aimed primarily at the offender themselves rather than as a social message to other possible would be offenders. ... As with the previous rationales, this rationale too has its own weaknesses. While it is useful that rehabilitation takes into account the particular circumstances of the individual offender, in practice this can allow all kinds of abuses, indeterminate sentences, medicalisation, too much power going to the professionals, net widening in the community sweeping up those in need of rehabilitation and all done ¡¥in the best interest of the client¡¦. ... First the politicisation of crime control and the struggle by politicians to wrestle discretion in sentencing away from the judiciary ¡V to impose political control in the issuing of sentences because Judges have been to slow to respond to public outcry regarding perceived light sentencing in sexual offences. ... Some Judges may resent the ¡¥Guidelines on Sentencing¡¦ as it is taking away their power of discretion and judgement. ... Government, the EU and the UN believe in its potential and are starting to legislate or make recommendations for the implementation of practice. ... It is a set of principles rather than any particular practice. ... Justice to victims should be placed above all else as the goal for the criminal justice system and of sentencing. ... In the author¡¦s view, the most politically persuasive rationale of sentencing in the year 2004 would be restorative justice. ... It has new concepts and ideas never tried before in the other rationales of sentencing. ... The current Home Secretary David Blunkett gives full support to this rationale of sentencing and believes that it can bring about the Criminal Justice System which encourages responsibility, so that offenders face up to what they have done and make amends.