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Essay / Punishment should be proportional to the seriousness...
This essay will critically evaluate the accuracy of the statement “punishment should be proportional to the seriousness of the offense”. Respective aggravating and mitigating circumstances will be taken into account which will have an effect on the sanctions that may be imposed on offenders. Consideration will also be given to the offender's circumstances and the effect the crime had on the victim. In theory, by taking into account all the facts attributable to the offense, it will be possible to guarantee that the sanctions imposed on offenders will be proportionate to the offense committed. Offenders deserve to suffer the consequences of any crime they have committed, but the punishment must be justifiable. Only those who have offended deserve to be punished. The punishment should be neither too severe nor too lenient. The purpose of punishment is also a factor that must be taken into consideration when sentencing offenders. The five grounds for conviction are contained in section 142(1) of the Criminal Justice Act 2003. Courts are required to have regard to the purposes of sentencing. conviction. The purpose of sentencing is to punish the offender (retribution). Dissuade the offender from reoffending (dissuasion). Reform and rehabilitate the offender (rehabilitation). Respond to the harm suffered by the victim (reparation, restoration, compensation). Protection of the public (incapacity). The principle of retribution strives to ensure that the offender suffers a level of harm equivalent to that suffered by the victim of the offense. Deterrence theory aims to prevent offenders from repeating the crime for which they were convicted. Middle of paper Sanctions ......e and proportionate to the seriousness of the offense committed. Let each case be judged on the basis of the aggravating and mitigating circumstances associated with the offense as well as other individual details of the offense. The offender's circumstances and the harm caused to the victim of the offense or to the community should impact the severity of the sentence the offender receives. It is therefore correct to say that the punishment must be proportional to the seriousness of the crime. However, if the purpose of the punishment is deterrence, the offender may receive a much harsher punishment than expected. Works Cited Bagaric, M. (2002) Punishment and Sentencing: A rational Approach, London, Cavendish. Sentencing Opinion Panel (2002) Domestic burglary: commissions advise Court of Appeal.