Deterrence in Sentencing Adult Offenders: An Evaluation
TITLE
Evaluate to what extent deterrence is the most effective aim when sentencing adult offenders.
ESSAY
Title: The Effectiveness of Deterrence as an Aim in Sentencing Adult Offenders
Introduction
In the English legal system, the sentencing of adult offenders serves multiple aims, one of which is deterrence. This essay will evaluate the extent to which deterrence is the most effective aim when sentencing adult offenders, considering its various forms and implications.
Evaluate the Aims of Deterrence in Sentencing Adult Offenders
AO1 Knowledge and Understanding
Deterrence is a significant aim of sentencing for adult offenders as outlined in s142 of the Criminal Justice Act 2003.
Deterrence aims to prevent further offending and can be categorized into individual deterrence, general deterrence, and educative deterrence.
Individual deterrence seeks to dissuade the offender from reoffending through fear of future punishment, often implemented through prison sentences, suspended sentences, or fines.
General deterrence aims at deterring potential offenders from committing crimes by imposing high penalties for serious offenses or utilizing approaches like 'three strikes and you're out.'
Educative deterrence aims to send a message to society encouraging lawful behavior by imposing harsh sentences for offenses such as mobile phone use while driving or breaches of Covid๐ฅ19 regulations.
Deterrence is reflected in sentencing tariffs, with guidelines established by the Sentencing Council for various crimes determining starting points, sentence ranges, and factors affecting the severity of offenses.
Both custodial and community sentencing incorporate elements of deterrence.
AO2 Analysis and Application
Individual deterrence is crucial for adult offenders, especially repeat offenders, to break the cycle of criminality and may be the most effective aim.
Sentencing guidelines contribute to fair sentencing, enhancing deterrence for both individual and general purposes.
Educative deterrence can be challenging to communicate effectively to society, potentially limiting its impact.
Balancing punishment and rehabilitation is essential for deterring future offending.
Clarity is required in the implementation of deterrence strategies within sentencing for enhanced effectiveness and adherence to guidelines.
AO3 Evaluation
The effectiveness of individual deterrence hinges on striking a balance between deterring offenders and ensuring fairness and proportionality.
Some offenders may not consider the consequences of their actions, particularly in situations influenced by substances, mental health issues, or impulsive behavior.
The prison system may provide stability for some offenders, potentially reducing the effectiveness of individual deterrence.
General deterrence shows limited evidence of deterring potential offenders due to various factors such as substance abuse, mental health issues, and educational background.
Educative deterrence, while capable of promoting societal behavioral change, may require a significant amount of time to manifest.
Short sentences may not effectively deter offenders due to insufficient time for behavioral modification, impacting the effectiveness of educative deterrence.
Conclusion
In conclusion, deterrence serves as a fundamental aim in sentencing adult offenders, encompassing individual, general, and educative deterrence. While individual deterrence holds significance in addressing repeat offending, challenges exist in ensuring its effectiveness. General and educative deterrence face obstacles in deterring potential offenders and influencing societal norms promptly. To enhance the effectiveness of deterrence in sentencing, a balanced approach incorporating clarity, proportionality, and rehabilitation is paramount.
SUBJECT
LAW
PAPER
A level and AS level
NOTES
๐Evaluate to what extent deterrence is the most effective aim when sentencing adult offenders.๐
๐AO1 (out of 10 marks):๐
๐ฅ Deterrence is one of the aims of sentencing for adult offenders in s142 Criminal Justice Act 2003.
๐ฅ Deterrence is linked to the idea of putting off further offending. It can take different forms.
๐ฅ Individual deterrence aims to ensure that the offender does not reoffend through fear of future punishment โ this might be through a prison sentence, a suspended sentence, or a heavy fine.
๐ฅ General deterrence aims at preventing other potential offenders from committing crimes โ this might be done by having high penalties for serious offences or use of a โthree strikes and youโre outโ approach.
๐ฅ Educative deterrence aims to send a message to the people in wider society who are likely to offend by encouraging them to follow the law โ this might be by having harsh sentences for offences such as using a mobile phone while driving and breaches of Covid๐ฅ19 regulations.
๐ฅ Deterrence can be seen in tariffs โ there are guidelines produced by the Sentencing Council for the most common crimes. Guidelines include a starting point and a range for the sentence as well as the factors that make an offence more serious or less serious.
๐ฅ Any sentence has an element of deterrence and it can be seen in both custodial and community sentencing.
๐AO2 (out of 6 marks):๐
๐Analysis and Application:๐
๐ฅ Adult offenders are more likely to have individual deterrence as an aim of their sentence, especially if they are a repeat offender, in an attempt to break a cycle of criminality and this can make it the most effective aim.
๐ฅ The use of sentencing guidelines should make sentencing fairer for the offender and in the eyes of society, which can help with both individual and general deterrence.
๐ฅ Educative deterrence is often hard to communicate to society which can make it ineffective.
๐ฅ There is a link to punishment but there also needs to be rehabilitation for an individual offender if they are to be deterred from future offending.
๐ฅ The different ways in which deterrence is used is not always clear in a sentence which casts doubt on its effectiveness.
๐ฅ It can make sentencing hard in terms of fair labeling and to strike a balance with the guidelines the Sentencing Council have to work within.
๐AO3 (out of 9 marks):๐
๐Evaluation:๐
๐ฅ Individual deterrence โ to be effective this relies on a difficult balance of a sentence sufficient to deter but also fair and proportionate to the offence committed.
๐ฅ It also relies on the offender thinking before they commit a crime in the future. Critics argue that most offenders do not stop and think what the consequences of their action might be; evidence suggests a lot of crime is committed on the spur of the moment when an offender is affected by alcohol, drugs, or mental health issues that prevent them from thinking clearly.
๐ฅ For some offenders, the greatest stability comes from the prison system, so they are unlikely to be deterred from further offending even if individual deterrence is the aim of their sentence.
๐ฅ General deterrence โ there is little evidence a potential offender is deterred by a severe sentence passed on someone else and so it is ineffective. This may be because of factors such as substance abuse, mental health issues, or poor education. Also, an offender does not set out to commit a crime thinking they will get caught. However, judges do sometimes make an example of one offender in order to warn other potential offenders of the type of punishment they face, which may have some impact.
๐ฅ Educative deterrence โ this can help society learn new behavioral norms; however, it can take a long time to have an effect. Critics argue that those who remember how things were before the new law do not buy in and change their behavior.
๐ฅ Many offenders are given short sentences which are not long enough to act as a deterrent; there is less time to teach them to think differently next time they might think of committing an offense and so this aim is ineffective.