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Outline the objectives behind sentencing policy which the court must consider in passing a sentence.
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Outline the objectives behind sentencing policy which the court must consider in passing a sentence. Central to an understanding of the criminal justice system is the phenomenon of punishment. Punishment fulfils a number of functions. Social commentators as diverse as Michel Foucaulti and Charles Dickens have characterised punishment primarily as a method of social control 'pour encourager les autres', in which 'les autres' means the law-abiding who might otherwise be tempted to cut corners. Theorists of punishment tend to adopt one of two approaches. The reductionist approach sees punishment as an instrument to discourage anti-social conduct, typically through deterrence and isolation. The retributionist approach sees punishment as a morally just and/or necessary response to wrongdoing. When s.142 of the Criminal Justice Act 2003 comes into effect (expected to be in 2006-2007), the purpose of sentencing will be set out in legislation for the first time. The section reads in part: (1) Any court dealing...
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