1. Explain with examples the different types of sentencing.
2. Explain with examples the impact of policy on sentencing.
3. Explain the possible effects of imprisonment on a defendant and his family.
According to the section 142 of the Criminal Justice Act 2003, there are five purpose of sentencing i.e. to penalize the wrongdoer, diminish offense, rehabilitate the criminal, defend the public, and to make reparations. These aims achieve:
Section 170 of the ‘Criminal Justice Act 2003’ affirms the sentencing guidelines and its allocation. Section 170(2) states that the ‘Secretary of the State’ can recommend to the Council to reframe or revise the sentencing guidelines in specific cases or for offences and offenders of a particular category any time.
Subsection 3 of Section 170 states that the Council may consider whether to frame sentencing guidelines any time if it receives the proposal from the Panel or the Secretary of the State.
Subsection 5 suggests the matters to be included when the Council makes a decision to outline or amend the guidelines. It includes the necessity to encourage reliability in sentencing, the impact of sentencing in stopping re-offending, to uphold public assurance in criminal justice system and the observations conversed by the panel.
Subsection 7 states that sentencing guidelines must comprise of the criteria for identifying the gravity of the offenses and the weightage to be specified for any earlier crimes by the criminals (Centre for Social Justice, 2014).
Section 148 of Criminal Justice Act (CJA) 2003 suggests that a court must be obliged to not pass community order to a criminal if the offenses are not serious enough to warrant such kind of sentences. For persistent offenders, section 151 states that the court may make community order as an alternative of imposing a fine if it believes it to be in the interest of justice to make such an order(Ministry of Justice, 2009)
Section 148 of CJA 2003 mentions suitability of the punishment to the offenders. Section 149 imposes restrictions on liberty in a community order in respect of an offense(Ministry of Justice, 2011).
The Court is supposed to think about reducing the overall span of the sentence while imposing a fixed period custodial sentence of a year or more than under the latest provisions. While imposing a suspended sentence, it should be for the similar period that would have issued if the offender were being sentenced to instant custody.
Sentencing policy considers not only the expenditure of sentencing, but its cost efficacy can also be evaluated in context of its capability to check people from being sufferers in future. For example, in individual cases, sentencing policy and sentencing are influenced by the wish of the society to have a conclusion from the conviction which recognizes the severity of which the society relates such kind of crimes.
It has been proved by several types of research that punitive judgments or harsh sentences do not reduce recidivism but increases the likelihood of the future offending. The offenders who are given prison sentences for a short period of time are more likely to re-offend than the offenders who are given community service. The U.S. War on Drugs and other imprisonment programs is an example of ensuring a continuous supply of the criminals. Sentencing adolescents for the community service ensures that they will be less likely to be in jobs upon release because they are stigmatized and hence, they are treated negatively by the community, in the workplace and in between their peers and friends. The defendants who become disciplined after their sentencing should also have to face such situations(The National Academies Press, 2014). They are ill-treated by the society and therefore, they are more likely to re-offend and get back to the prison. Most of the defendants lose their self-respect and are forced to be engaged in the illegal pathways. The defendants suffer such conditions and even their family members have to face the ill-treatment by the society because of which the defendants are mentally and emotionally distressed and involve themselves in crime(Doob et al., 2014).
References
Centre for Social Justice, 2014. The CSJ’s Crimina lJustice Programme. Centre for Social Justice.
Citizensinformation.ie, 2014. Types of sentences. [Online] Available at: https://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/types_of_sentences.html [Accessed 26 May 2016].
Cunningham, A., 2016. Forgotten families – the impacts of imprisonment. [Online] Available at: https://aifs.gov.au/sites/default/files/ac_0.pdf [Accessed 27 May 2016].
Doob, A.N., Webster, C.M. & Gartner, R., 2014. The Effects of Imprisonment:Specific Deterrence and Collateral Effects. Criminological Highlights, 12(5), pp.1-26.
Epstein, R., 2012. Mothers In Prison:the sentencing of mothers and the rights of the child. Coventry Law Journal, pp.1-33.
Findlaw, 2016. Types of Sentences. [Online] Available at: https://criminal.findlaw.com/criminal-procedure/types-of-sentences.html [Accessed 26 May 2016].
Legislation.gov.uk, 2003. Criminal Justice Act 2003. The Stationery Office.
Ministry of Justice, 2009. Government response to the Justice Select Committee’s Report: “Sentencing guidelines andParliament: building a bridge”. Crown.
Ministry of Justice, 2011. Legal Aid, Sentencing and Punishment of Offenders Bill. UK: Ministry of Justice.
The National Academies Press, 2014. 9 Consequences for Families and Children. [Online] Available at: https://www.nap.edu/read/18613/chapter/11 [Accessed 27 May 2016].
The Scottish Centre for Crime & Justice Research, 2015. Impact of punishment: families of people in prison. [Online] Available at: https://www.sccjr.ac.uk/wp-content/uploads/2015/10/SCCJR-Impact-of-crime-prisoners-families.pdf [Accessed 2016].
UK Government, 2014. Types of prison sentences. [Online] Available at: https://www.gov.uk/types-of-prison-sentence/sentences-for-young-people [Accessed 26 May 2016].
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