Preview

Why Is Sentencing Effective

Good Essays
Open Document
Open Document
853 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Is Sentencing Effective
Sentencing and punishment is highly effective in balancing the rights of victims, offenders and society. The sentence or punishment imposed on an offender must reflect the societal values in order for it to be truly effective in achieving a just and fair outcome for all parties involved. This is achieved in the purposes of punishment, the role of the victim in sentencing, the types of penalties and alternative methods to sentencing.

The purposes of the various punishments, seeks to balance the rights of the victim, the offender and society through reflecting the societal standards in the punishment given.
- Crimes (Sentencing Procedures) Act 1999 (NSW) outlines the various purposes such as “promote the rehabilitation of the offender” s3A
- Primary …show more content…
- Imprisonment is the most severe punishment available, established through section 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW)
- Although it is often criticized for being too harsh, it is an accurate reflection of the societal values as crimes carrying this punishments are generally severe breaches of moral conduct
- Intensive Correction Order are much more effective in balancing the rights of the victim, offender and the community as it still allows the offender in society but places restrictions on them.
- ICOs are an alternative to custodial sentences where the offender has restricted movement and attends rehab programs
- Brought about through Crimes (Sentencing Legislation) Amendment (Intensive Correction Order) Act 2010 (NSW)
- The conditions of ICOs, such as electronic monitoring, ensure that justice is achieved as they assist the offender in making better lifestyle choices whilst eliminating reoffending
- The types of punishments are highly effective in balancing the rights of the victim, offender and society as they seek to reflect the values and ethics of
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Powerful Essays

    Pros And Cons Of Mandatory Sentencing
    • 1521 Words
    • 7 Pages

    Pros And Cons Of Mandatory Sentencing

    Keeping in mind the brief overview of each of the major rationales for sentencing will allow the following four arguments to be understood with greater clarity. To begin, the first argument to support the urgent need to restructure the criminal justice system is the effect and impact of mandatory minimum sentencing on the high rates of incarcerations. The effects of mandatory minimum sentencing are staggering, and transcend into many different areas of the criminal justice system. The principal justification for the creation of mandatory minimum sentences is that by increasing the likelihood of custody, it will be a strict deterrent for crime prevention and a response to political “tough on crime” strategies. It was also thought to minimize…

    • 1521 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Better Essays

    Comparing The State And Federal Objectives Of Sentencing
    • 992 Words
    • 4 Pages

    Comparing The State And Federal Objectives Of Sentencing

    In this paper the topics that will be discussed will be what are the state and federal objectives of punishment? How does sentencing affect the state and federal corrections systems overall? With support for that answer, what is the determinate and indeterminate sentencing? As well as which sentencing model that is felt the most appropriate? With an explanation as to why and examples will be provided.…

    • 992 Words
    • 4 Pages
    Better Essays
    Read More
  • Better Essays

    Why Is Australia's Nine Sentencing
    • 1488 Words
    • 6 Pages

    Why Is Australia's Nine Sentencing

    In addition, the principles of sentencing established by common law and legislation must be applied in each case including the principle that imprisonment is only enforced when no other punishment is appropriate, the punishment must fit the crime and similar crimes should receive similar sentences. Introducing mandatory consistent sentencing standards would conflict with the judge’s ability to oversee specific circumstances of a case and to enforce a just…

    • 1488 Words
    • 6 Pages
    Better Essays
    Read More
  • Better Essays

    Assessing and Addressing Offender Behaviour
    • 5078 Words
    • 13 Pages

    Assessing and Addressing Offender Behaviour

    Abbott notes the importance of integrating theory and practice by asserting that professional expert knowledge, discretion and judgement rest at the interface between the work or tasks involved and the skill achieved through on-the-job training and practice and the abstract knowledge or theory that underpin this (Abbott 1988). This assignment will focus on a specific case (MS) that I have supervised during my traineeship and I will demonstrate my ability to assess, supervise, plan, intervene, review and evaluate a case by following the ASPIRE model of case management (Home Office 2005). MSs offence of theft was of an acquisitive nature, he stole a pair of trainers to sell on in order to fund his alcohol misuse. MS was sentenced at Rotherham Magistrates Court, for an offence of theft and was made subject to a twelve month Community Order under the Criminal Justice Act 2003. The following two requirements were imposed MS must attend Supervision to address his offending behaviour and an Alcohol Treatment Requirement to address his alcohol misuse. The reasons given behind this were that such a sentence would allow him to work with a Probation Officer in respect of the rehabilitation element. This proposal fits neatly with the anti-custody values of the Probation Service whose underlying concern is to deal with offenders in constructive ways which do not damage or degrade them. This is also related to other probation values of client self-determination and potential for change (Williams B 1995). Probation Orders are seen as punishments in themselves. Wasik and Taylor assert that the Criminal Justice Act 1991 introduced the Probation Order as a sentence of the court in its own right (Wasik and Taylor 1991 Pg48). Dunbar and Langdon argue that this Act was passed at a time when a major aim or criminal justice policy was to reduce prison numbers and ensure that sentences and the public saw community sentences as a viable option (Dunbar and Langdon 1998 Pg74). The…

    • 5078 Words
    • 13 Pages
    Better Essays
    Read More
  • Good Essays

    Crj 316 Criminal Sentencing Research Paper
    • 951 Words
    • 4 Pages

    Crj 316 Criminal Sentencing Research Paper

    Sentences for crimes committed have been handed down for as long as there have been crimes to commit. There are many factors to be considered by the judge tasked with sentencing in a criminal case, including an offender’s criminal history and actual involvement in the commission of the offense. First-time offenders may be grated leniency in sentencing, but it can be argued that such a practice is contrary to the nature of punishment and detracts from the effects of the crime on the victims. Punishment serves three general purposes that serve to benefit the victim, the public, and the offender: retribution, prevention, and rehabilitation.…

    • 951 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Bedau's Justification Of Punishment
    • 930 Words
    • 4 Pages

    Bedau's Justification Of Punishment

    a general system of punishment, the punishment of specific persons, and the specific type (and amount) of punishment to be imposed in a given scenario (Duff). With respect to the first component, which he called the “general justifying aim” of the system of punishment (Duff), there are several purposes for instituting a penal system; the most common of which are general deterrence, specific deterrence, incarceration/incapacitation, rehabilitation, and retribution. While it is easy to see how each of these can be beneficial and justify the general punishment system in the abstract, upon closer examination the existence of multiple underlying justifications…

    • 930 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    NSW Criminal Justice System
    • 844 Words
    • 4 Pages

    NSW Criminal Justice System

    Apart from criminal infringement notices, there are many more serious alternatives to a prison sentence, including home detention. Home detention, created under the Home Detention Act 1996 (NSW), is applicable for certain offenders, who have committed non-violent crimes and have been sentenced to less than 18 months imprisonment. Home detention is likely to be controversial for more serious offences such as murder or sexual assault, as there is possible high risk of reoffending. Community service orders are also available as a means of shaming and punishing offenders, while facilitating rehabilitation by requiring a period of amending their wrongs towards the community. Diversionary programs are used to divert certain offenders from reoffending, through rehabilitation. Over 150 offenders a year complete The Drug Courts diversionary program. According to the NSW Crime Bureau analysis of the effectiveness of the Drug court, they found that; 37% of criminals were less likely to be reconvicted for any offence, 65% were less likely to be reconvicted for offences against the person and 57% were less likely to be reconvicted for a drug…

    • 844 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Sentencing Goals of Corrections
    • 542 Words
    • 3 Pages

    Sentencing Goals of Corrections

    The five general sentencing goals of corrections are punishment , retribution, test of proportionality, specific deterrence, general deterrence. Punishment is the correctional goal emphasizing the infliction of pain or suffering. As a society, we believe that punishment for inappropriate behavior is not only allowable , but also advisable. Punishment is used to teach children from right and wrong. Criminal offenders are brought to justice by the state, acting for society. Through punishment , society can maintain order and show fairness to those who do not violate the law.pg.28…

    • 542 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Philosophy Of Sentencing
    • 851 Words
    • 4 Pages

    Philosophy Of Sentencing

    This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence, or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or ethical beliefs as a whole, and by the population at large. Throughout history, the sentencing and administration of punishments have been swift, brutal and often times ending with the death of the offender, but in our more civilized and modern society,…

    • 851 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Indeterminate Sentencing
    • 903 Words
    • 4 Pages

    Indeterminate Sentencing

    Several different objectives exist in sentencing, including “deterrence, incapacitation, rehabilitation and retribution” (2012). Retribution is a sentencing objective that has proven to be the most effective in…

    • 903 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    Determinate Sentencing
    • 1004 Words
    • 5 Pages

    Determinate Sentencing

    The purpose of sentencing: the “deserved infliction of suffering on evildoers and “the prevention of crime.” There four fundamental philosophies surrounding the purpose of sentencing. First, the oldest and most common is retribution. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. The second philosophy is deterrence. In deterrence, the goal of sentencing is to prevent future crimes. Deterrence takes a general and specific form. General deterrence is that by punishing one person, others will be dissuaded from committing a similar crime. Specific deterrence assumes thart an individual, after being punished once for a certain act,…

    • 1004 Words
    • 5 Pages
    Good Essays
    Read More
  • Good Essays

    The Effects of Punishment and Sentencing
    • 360 Words
    • 2 Pages

    The Effects of Punishment and Sentencing

    The four fundamental philosophies surrounding the purpose of sentencing are retribution, deterrence, Incapacitation, and Rehabilitation. Retribution is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered. It relies on the principle of just deserts, which holds that the severity of the punishment must be in proportion of the severity of the crime. Deterrence is the thought that if the punishment given is severe enough that it will stop the potential criminal from committing the crime or to be a repeat offender, so rather than seeking only to punish the offender this strategy is to try to sentence to prevent future crimes along with incapacitation and rehabilitation. Incapacitation is the third philosophy that is a belief that if the criminal is detained for a crime, thereby being separated from the community reduces the criminal activity and once released will not be as likely to be a repeat offender. Rehabilitation is the fourth and final philosophy that surrounds the purpose of sentencing, some believe that society is best served when those who break the law are not simply punished but are provided with resources needed to eliminate the need or want to engage in criminal behavior activity. There are three steps to help determining sentencing. When public opinions move toward more severe strategies of retribution, deterrence, and incapacitation, legislatures have responded by asserting their power of over determining sentencing guidelines. The Legislature passes sentencing Laws; this specifies the terms of indeterminate sentencing. An Indeterminate term of incarceration is in which a judge determines the minimum and maximum terms of imprisonment. Only a jury can hand down the decision of the death penalty. When the minimum term is reached the prisoner becomes eligible to be paroled. Then there is determinate sentencing, this is a period of incarceration that is…

    • 360 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Goals Of Sentencing
    • 626 Words
    • 3 Pages

    Goals Of Sentencing

    The sentencing phase of the criminal justice process is where a guilty offender is sanctioned for his conduct. The goals of sentencing include retribution, rehabilitation, deterrence, and incapacitation. Historically the primary goal has varied by criminal justice era and the crime committed. However, each sentencing goal has a specific purpose (Masters, et al., 2017). The sentencing goal of retribution is normally pursued in heinous crime cases. Its aim is to castigate the offender. In contrast, rehabilitation is a sentencing goal that seeks to correct offender conduct, by teaching offenders, skills that aid in the prevention of recidivism. On the other hand, the sentencing goal of deterrence seeks to discourage future criminality by way of…

    • 626 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Teaching Assistant Possible Improvement
    • 84 Words
    • 1 Page

    Teaching Assistant Possible Improvement

    The teaching assistant has kept its students to stay focus and tend to explain it better than in lecture. Possible improvement might be to send emails as early as the teaching assistant can so students will have time to learn and have more time to write out questions that weren't clear.…

    • 84 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Advantages Of Mandatory Sentencing
    • 888 Words
    • 4 Pages

    Advantages Of Mandatory Sentencing

    Mandatory Sentencing “A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison.” – Wikipedia, the free encyclopaedia The difference between normal and mandatory sentencing is the process that this happens in as normal sentencing sets a range of penalties, which allows the judge and the magistrates to see out the sentence according to the circumstances of the offence and the offender. So far Western Australia, NSW and Queensland have Mandatory sentencing but the northern territory has abolished mandatory sentencing.…

    • 888 Words
    • 4 Pages
    Good Essays
    Read More

Related Topics