Assess the role discretion plays in the sentencing and punishment of offenders. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Discretion involves the power of Judges and magistrates to determine the most appropriate sentence for a case. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role discretion plays or alternatively doesn’t play in the sentencing and punishment of offenders.
These guidelines are given precedence over one another when the judiciary determines an appropriate sanction depending on the circumstances surrounding the offence. Incarceration is effective when the principles of general deterrence, denunciation and incapacitation are given primary consideration. However, when the principles of rehabilitation, reparations, and instilling a sense of responsibility in the offender are most important, restorative justice is a more effective alternative to incarceration. Therefore this paper will evaluate both incarceration and restorative justice within the framework of current sentencing purposes and principles and identify general circumstances wherein each sanction is most effective. Origin of Current Sentencing Purposes and Principles The purposes and principles of sentencing the judiciary uses today are relatively new additions to Canadian law.
1. Introduction Assessment is a complex & comprehensive process during which certain behavioural aspects, individual needs, and risks of the offender are identified, examined, verified, classified, analysed & evaluated. This assessment process is based on empirical literature, tested theories, relevant research findings & both personal judgment & experience related to the behaviour in question (Joubert, Hesselink & Marais 2003) Assessment cannot only be implemented for the planning of prevention & the intervention of treatment activities, but also for effective profiling as well as the prediction of criminal behaviour. 2. Definition of Key Concepts 2.1 Criminal Profiling ( Hard evidence profiling) According to Turvey 1999, the process of inferring distinctive personality characteristics of individuals responsible for committing criminal acts has been commonly referred to as ‘criminal profiling.’ These include biographic details of the perpetrator, crime-scene analysis, and so on.
Once crime or a criminal problem is significant to be an issue, then action to alleviate the issue becomes important (Marion & Oliver, 2012). The criminal justice policy process also begins at that point. The steps in the criminal justice policy process include problem identification, agenda setting, policy formulation, policy implementation, and policy evaluation (Marion & Oliver, 2012). The criminal justice policy process depends on the participants such as the executive branch and legislative branch of the government, interest groups, voters, and the media (Marion & Oliver, 2012). The criminal justice policy process determines the shift of
P1 Outline Current crime and disorder legislation In this assignment I will be talking about the sentencing and orders of unlawful acts and also commenting on the effects crime has on society and the people within communities. The word crime is defined by Wikipedia by, “An action or omission which constitutes an offence and is punishable by law”. (https://www.google.co.uk/#q=efintion+of+crime) Another definition of crime, coming from the Oxford dictionary, “An action or omission which constitutes an offence and is punishable by law”. (http://www.oxforddictionaries.com/definition/english/crime) Sentencing and orders A sentence is a punishment given by a court, when being sentenced depends on the seriousness of the crime and the court that the case is heard in. most sentences issued are custodial sentences that are spent in Her Majesty’s Prison service.
In most countries the measures in place, could be described as the commencement of criminal justice proceedings and the use of some form of prosecution and punishment service. Within England and Wales, upon conviction of a criminal offence and having been sentenced to a custodial term, her majesty’s prison service is employed to carry out, and manage the punishment of any said individual. This is where the basis of this essay lies, within her majesty’s prison service and the in-depth exploration of the administration itself. This will be accomplished through various readings and research with a view to eventually be able to identify whether the prison system in England and Wales could reasonably be described as being in crisis. In order to efficiently and accurately begin to draw conclusions regarding what state the prison system is in, it would be prudent to first establish what factors would contribute to any of the prison system’s failings resulting in a said crisis, whilst also revealing what elements or circumstance would suggest that the prison system is functioning both smoothly and successfully.
Differential association “Sutherland introduced the concept of differential association, which he developed into a theory to explain the process by which an individual engages in criminal behaviour” (http://www.oup.com/ us/pdf/reid/Reid_ Chapter6.pdf) which is the first of Akers key elements is differential association. This refers to ones exposure to, and interactions with, others. The impact of this exposure may vary according to the rate of recurrence, how long the exposure and the intensity of this exposure, to others. Definitions The second of Akers key elements is definitions. This element refers to attitudes or level of approval individuals hold regarding morals and laws in general as well as specific deviant behaviours.
CRM 2330 – Institutions of Criminal Justice – 10/10/2011 Aims of lecture: * Different institutions of Criminal Justice * Examine the main roles of Criminal Justice Institutions Key criminal justice institutions: 1. Police 2. Youth Offending Teams 3. Prison 4. Courts 5.
“It is a person’s environment that leads them into criminal and deviant behaviour.” This essay will firstly define deviance and crime in sociological terms. It will explore how deviance and crime are defined and who defines them as such. Considering the moral and legal aspects of deviance and crime. Secondly this essay will consider some of the many ideas and perspectives around the reason for and the continuation of crime and deviance in society. As a conclusion this essay will take into consideration whether the perspectives outlined are external or internal in their description of reasons for crime and deviance and try and determine the relevance of the arguments.
hat are the legal aspects of sentencing? How do these legal factors affect the sentencing of criminals? What would happen if these legal factors in sentencing were changed, or even eliminated? The legal aspects of the sentencing process after a case goes to trial and the judge and or jury or defendant has pleaded guilty is when the jury can recommend a sentence that the judge can take into consideration or the judge would use sentencing guidelines. While also taking in to consideration if this person was a first time offender or a repeat offender.