Aims of Sentencing

Aims of sentencing.

Retribution.
· Based on idea of punishment, because offender deserves punishment for his/her acts.
· Does not seek to reduce crime or alter the offender's future behaviour.
· Concerned only with the offence that was committed and making sure that the punishment inflicted is in proportion to that offence.
· Contains element of revenge (eye for an eye) and is used to justify long prison sentences.
· Tariff sentences – Idea that each offence should have a set tariff with the judge being allowed only to impose a penalty within the tariff range. This removes nearly all discretion from judges. Problem when applying to fines - takes no account of the financial position of the offender.

Denunciation.
· This is society expressing disapproval of criminal activity. The theory says that one important aim of sentencing is to indicate both to the offender and to other people that society will not stand for the offender's criminal behaviour.
· Reinforces moral boundaries of acceptable conduct.
· Can mould societies views on the criminality of particular conduct. For example drink driving is now viewed by the majority of people as unacceptable behaviour, largely because of changes in the law and increasingly severe sentences.

Incapacitation (protection of the public)
· Concept of making the offender incapable of reoffending in some way, in order to protect the public.
· Aim is reached by long prison sentences for dangerous offenders and electronic tagging to protect the public from the offender without having to send him/her to prison. There are other penalties that can be viewed as incapacity the offender – e.g. for driving offences, the offender can be banned from driving. Also exclusion orders which ban the offender from going to a place he/she offends e.g. football ground.

Deterrence.
· Individual – several penalties aimed at ensuring the offender does not re-offend. These include prison sentences, suspended sentences and/or heavy fine.
· However prison does not appear to deter offenders – 55% of adult prisoners re-offend within 2 years of release. Appears that fear of detection is more of a deterrent e.g. success rate of CCTV on London's District Line.
· General – justifies punishment used to discourage potential offenders from committing particular, or other, offences.
· Making an example of an offender is aimed to warn potential offenders of punishment they face.

Rehabilitation.
· Imposed to reform offender's behaviour and rehabilitate him/her into society, so he/she will not offend in the future.
· Because abuse of drugs is the cause of many offences there are community sentences (e.g. drug testing and treatment orders) aimed at trying to rehabilitate drug users.
· Rehabilitation is a very important element of the sentencing philosophy for young offenders. It is thought that young offenders are more likely to reform. E.g. supervision and attendance centres orders.
· When a court considers rehabilitation, the sentence used is an individualised one aimed at the needs of the offender.
· This is a direct contrast to tariff sentences and leads to inconsistency in sentencing.
· The idea of rehabilitation also tends to discriminate against the underprivileged. Offenders from poor home backgrounds are less likely to be seen as possible candidates for reform.
· Also persistent offenders are thought less likely to respond to rehabilitation.

Reparation.
· Aimed at compensating the victim (or victims relatives).
· Usually done by ordering offender to pay a sum of money to the victim or make restitution e.g. by returning stolen property to its rightful owner.
· S130 of the Powers of the Courts (sentencing) Act 2000 states that courts are under a duty to give reasons if they do not make a compensation order.
· Use of community sentences (e.g. unpaid work) are aimed at compensating society.