Introduction to the Aims of Sentencing
When a person is found guilty of a crime, the judge or magistrate must decide on a sentence. But how do they decide what the "right" outcome is? It isn't just a random choice! In England and Wales, sentencing has specific aims—essentially, the goals the law is trying to achieve. Some aims focus on punishing the offender, while others focus on helping them change or keeping the public safe.
In this chapter, we will look at the different aims for both adult offenders and young offenders. Understanding these is vital for your Paper 2 exam, especially when you need to evaluate why a certain sentence was given in a scenario.
1. Retribution (Punishment)
This is the oldest aim of sentencing. It is based on the idea of "an eye for an eye." Retribution does not look at the future behavior of the offender; instead, it looks back at the crime that was already committed.
Key Concept: The punishment must be proportionate to the harm caused. This is often called "just deserts"—the offender gets what they deserve because they broke the law.
Example: If someone commits a very serious robbery, retribution demands a long prison sentence because the crime was serious, regardless of whether a long sentence will actually "fix" the person.
2. Deterrence (The Warning)
Deterrence is all about putting people off committing crimes. It is forward-looking because it tries to prevent future offences. There are two types you need to know:
Individual Deterrence: This aims to stop the specific offender from committing another crime. For example, a heavy fine might make a person think twice before speeding again.
General Deterrence: This aims to stop the rest of society from committing crimes by making an example of the offender. When the public sees a person go to prison for a specific crime, they are (theoretically) less likely to do it themselves.
Quick Review: Does deterrence work? Many people argue it doesn't always work because many crimes are committed in the "heat of the moment" without the offender thinking about the consequences.
3. Rehabilitation (Reform)
The goal of rehabilitation is to change the offender’s behavior so they can return to society as a law-abiding citizen. This aim assumes that crime is often caused by issues like drug addiction, lack of education, or unemployment.
How it works: Instead of just punishing, the court might use community orders that include requirements like:
• Drug or alcohol treatment.
• Unpaid work to learn new skills.
• Education or training programs.
Analogy: Think of rehabilitation like a hospital. Instead of just "punishing" a sick person for being ill, you treat the cause of the illness so they get better.
4. Protection of the Public (Incapacitation)
This aim is very simple: keeping the public safe from dangerous people. This is often called incapacitation because it makes the offender "incapable" of committing more crimes against the public.
How it works: The most common way to protect the public is through a custodial sentence (prison). If a violent offender is behind bars, they cannot hurt anyone in the community.
Other examples: A dangerous driver might be disqualified from driving, or a fraudster might be banned from being a company director.
5. Reparation (Making Amends)
Reparation focuses on the victim or the community rather than just the offender. The goal is to "repair" the damage caused by the crime.
Examples:
• To the victim: The offender might be ordered to pay compensation (money) to the person they hurt or stole from.
• To the community: The offender might perform unpaid work (often called community service) to give back to the neighborhood they damaged.
6. Denunciation
Denunciation is about society showing its total disapproval of a crime. It reinforces moral boundaries and sends a message that certain behaviors are "not okay" in our society.
Example: Giving a very high sentence for a hate crime communicates to everyone that society will not tolerate prejudice or discrimination.
Key Takeaway: Judges often have to balance these aims. For one offender, rehabilitation might be the most important goal; for another, protecting the public might be the priority.
Aims for Young Offenders
Sentencing for young offenders (those under 18) is slightly different. While the aims above still exist, the law places a much heavier emphasis on two specific goals:
1. Preventing re-offending: The primary goal is to stop the young person from becoming a career criminal. Early intervention is key here.
2. The Welfare of the Child: Courts must consider the young person's well-being. Because they are still developing, the law is generally more focused on rehabilitation than retribution. The aim is to help them realize their mistakes and get their lives back on track.
Don't worry if this seems like a lot to remember! Just remember the "Big Five": Punish (Retribution), Warn (Deterrence), Fix (Rehabilitation), Hide (Protection), and Pay Back (Reparation).
Common Mistakes to Avoid
• Confusing Retribution and Deterrence: Remember that retribution is about punishment for the past, while deterrence is about preventing the future.
• Ignoring Young Offenders: In an exam, if the scenario involves a 16-year-old, you must mention that the primary aim is their welfare and preventing re-offending.
• Mixing up Reparation and Rehabilitation: Reparation is about giving back to others; rehabilitation is about changing yourself.
Summary Table: Aims of Sentencing
Aim: Retribution | Focus: Punishment / Proportionate to crime.
Aim: Deterrence | Focus: Prevention / Warning others or the offender.
Aim: Rehabilitation | Focus: Reform / Changing behavior.
Aim: Protection | Focus: Safety / Removing the threat from society.
Aim: Reparation | Focus: Compensation / Making amends to victims.
Aim: Denunciation | Focus: Moral Disapproval / Setting social boundaries.
For more information on the types of sentences these aims lead to (like prison or fines), see the next chapters: "Sentencing adult offenders" and "Sentencing young offenders".