· Hartz definition of a ‘PUNISHMENT’ is that it must;
ü involve pain/other unpleasant consequences
ü be for an offence against the legal rules
ü be intentionally administered by human beings other than the offender
ü Imposed and administered by an authority constituted by a legal system against which the offence was committed.
· Sentences are imposed by the courts and administered by bodies such as prison authorities.
· When one talks about the aims of sentencing, they mean the purpose/objective that the sentence is seeking to achieve.
· There are different sentencing aims that recognize the different needs of the offender, victim and society.
· Purposes of sentencing are sent out in the CRIMINAL JUSTICE ACT 2003, s142.
· Aims of sentencing therefore are;
1) PUNISHMENT/ RETRIBUTION.
o It is thought of being, ‘an eye for an eye and a tooth for a tooth and societys’ revenge for the offence.’ Its literal form is in the death penalty for murder; a life for life
o However, a literal interpretation is not practical for most cases and so the aim is to, LET THE PUNISHMENT FIT THE CRIME.
o Retribution is also based on proportionality or ‘just desserts’ so that the sentence reflects the…