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I will pay for the following essay Classical Principles of Sentencing. The essay is to be 6 pages with three to five sources, with in-text citations and a reference page.Download file to see previous
I will pay for the following essay Classical Principles of Sentencing. The essay is to be 6 pages with three to five sources, with in-text citations and a reference page.Download file to see previous pages
The State would be expected to play a conciliator's role rather than as an administrator of sense with no human touch.
The proposition before us is to examine how relevant the classical principles of sentencing cited in R V Sargeant 1974 1 are today. The judgement refers to the imperative of changing from old sentencing principle of retribution to rehabilitation. This concern of Lawton L.J. needs to examine as to whether it has been just in name or really being practiced by judiciary to day.
A young man of 26 years of age was charged of affray. The trial court which convicted him for 2 years of imprisonment on his pleading guilty, failed to analyse the case according to classical principles of sentencing. The appeal court held that boy's antecedents were not as bad as they were made out to be and hence reduced the sentence. The other criteria followed by the learned judge Lawton, was that it should be the principle of rehabilitation and not retribution that should be the guideline for sentencing the accused proved guilty.
The question is sThe question is strange because it is not the reverse situation that is enquired about. That is whether principle of retribution is still the norm. The message in the present case is that retribution is not the answer even for a deterrent punishment and it goes without saying that in the circumstances in which the young man was forced to commit affray supported by his good background does not warrant a deterrent punishment such as the one passed on him. As there is no set of rigid calculations and rules judges have to exercise great care in meting out punishment in a graded manner commensurate with the seriousness of the crime, mental condition of the accused and expectations of the society from the State on such matters. We have to examine now whether judges do exercise great care in handing out sentences by following a rehabilitative approach or they still cling to the principle of retribution.
Principles of Sentencing.
The classical principles of sentencing are retribution, deterrence, prevention and rehabilitation. Lawton L.J. in his decision expressed that any judge with a duty of sentencing must always weigh them against the facts of the case dealt with and apply the one which is the most appropriate. The Judicial Studies Board in their Adult Court Bench Book has enumerated checklists for reaching a decision on the quantum of sentence. Firstly the court has to conduct itself consistent with the policy of European Convention of Human Rights which stipulates that no decision of a court much less its practices and procedures should act in breach of an individual's human rights applicable to not only the defendants but also victims and witnesses. Article 6 of the convention stresses the importance of the individual's right to a fair trial. The Adult Court Bench Book2 in pages 3-44 to 3-106 sets out check lists for passing sentences on various offences.