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Outline the factors that influence sentencing decisions of criminal courts in England and Wales and consider whether consistency in sentencing is possible or desirable.
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Deborah Waisome 9615896 CRM3690 Outline the factors that influence sentencing decisions of criminal courts in England and Wales and consider whether consistency in sentencing is possible or desirable. Sentencing is a major function of the criminal justice process and involves many different and often conflicting considerations. (Davis et al, 1999,p.236). The Criminal Justice Act 1991 set out to impose a coherent theoretical approach to sentencing. The aim of sentencing is the purpose or objective that the judge or policy maker is seeking to achieve. The justification for sentencing involves considering why the aims are desirable, especially where sentences aim at some beneficial consequence. A sentence might involve some form of punishment, and a key feature distinguishing criminal law from other forms of law is that it involves the possibility of the state imposing a punishment on an offender. Such punishment however must follow a finding of guilt in accordance with due process. A due...
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