Sentence (law) - Philosophies

Philosophies

The sentence meted out depends on the philosophical principle used by the court and what the legal system regards as the purpose of punishment. The most common purposes of sentencing are:

  • Retribution
  • Deterrence
  • Denunciation
  • Incapacitation
  • Rehabilitation
  • Reparation
Theory Aim of theory Suitable punishment
Retribution Punishment imposed for no reason other than an offense being committed, on the basis that if proportionate, punishment is morally acceptable as a response that satisfies the aggrieved party, their intimates and society.
  • Tariff sentences
  • Sentence must be proportionate to the crime
Deterrence
  • To the individual - the individual is deterred through fear of further punishment.
  • To the general public - potential offenders warned as to likely punishment.
  • Prison sentence
  • Heavy fine
  • Long sentence as an example to others
Denunciation Society expressing its disapproval reinforcing moral boundaries
  • Reflects blameworthiness of offense
Incapacitation — protection of the public Offender is made incapable of committing further crime to protect society at large from crime
  • Long prison sentence
  • Electronic tagging
  • Banning orders
Rehabilitation To reform the offender's behavior
  • Individualized sentences
  • Community service orders
Reparation Repayment to victim(s) or to community
  • Compensation
  • Unpaid work
  • Reparation schemes

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Famous quotes containing the word philosophies:

    “I wish I could write a beautiful book to break those hearts that are soon to cease to exist: a book of faith and small neat worlds and of people who live by the philosophies of popular songs.”
    —Zelda Fitzgerald (1900–1948)