Criminal justice: Sentencing law & practice
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CRIMINAL JUSTICE: SENTENCING LAW & PRACTICE "Sentencing consists in trying to reconcile a number of totally irreconcilable facts. The judges get very little help in this difficult matter"Lord Lane, Hansard HL, vol 486, col. 1285 The purpose of this essay is to evaluate the validity of the above quote by Lord Lane in light of the current framework. The sentencing of a convicted criminal is a difficult job, and often causes public outrage at 'weak' sentencing by the judge (often without reason - the public has not taken in to account mitigating factors, defences, previous convictions etc.) The aims of criminal sentencing have traditionally been said to be retribution, deterrence and rehabilitation. To these there may now perhaps be added: incapacitation (i.e. putting it out of the power of the offender to commit further offences) and the maintenance of public confidence. It is obvious that the different sentences available to...


