Sentences contributes to good order in society by visibly supporting society

Sentences contributes to good order in society by visibly supporting society

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Sentences contributes to good order in society by visibly supporting society’s norms and standards and appropriately tackling those who breach them. ‘The passing of a sentence on an offender is probably the most public face of the criminal justice process’.The function of sentencing is to guarantee the safety of the community, to assist in the rehabilitation of offenders in preventing them from re-offending and to reserve imprisonment for serious, dangerous and persistent offenders. This essay will look at how effective deterrence is in preventing re-offending. Firstly, I will look at the Criminal Justice Act 2003. Second, I will look at Cesare Beccaria and Jeremy Bentham. Third, I will look at Individual and General deterrence. Finally, I will sum up and conclude my essay. ‘The Criminal Justice Act 2003 is a major piece of legislation with 339 sections and 38 schedules, which embodies many of the proposals in Criminal Justice: the Way Ahead (2001) and the White Paper Justice forAll (2002 ), and ‘reforms criminal procedure, evidence, and sentencing.’ The main goals of the Criminal Justice Act 2003 were; to improve case management and reduce the extent of abuse of the system by establishing a more consistent sentencing procedure which reserves prison for the more serious offenders. Further aims were; to increase the use of community punishments, as alternatives to traditional custody to try and reduce re-offending and address individual needs. Section 142 of the Act sets out the approved purposes of sentencing, which covers punishment, the reduction of crime (via deterrence and reform of the offender), public protection and reparation. Cesare Beccaria (1738-1794) was influenced by the arbitrary and brutal criminal justice process of his time. In his essay Dei Deliti e delle. Pene he asserted that humans are rational, have free-will, and are hedonistic. The implication of this was that crime was a result of deliberate decision- making and as a consequence should be punished with a system of punishments that were appropriate to the crime committed. According to Hudson (2003) ‘Beccaria’s model of the criminal is an individual with free
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This note was uploaded on 02/25/2012 for the course ECO 101 taught by Professor Staff during the Fall '10 term at Texas State.

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Sentences contributes to good order in society by visibly supporting society

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