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Key Aims Of Sentencing In Criminal Cases

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M 5 Sentencing of non-fatal offences. Sentencing in criminal cases, including non-fatal offences, aims to achieve justice and maintain social order through various objectives such as retribution, deterrence, rehabilitation, protection of the public, reparation, and denunciation. These aims are critical in determining appropriate sentences for offences like assault, battery, and other non-fatal harm. Retribution is based on the idea of “just deserts,” meaning that offenders should be punished in proportion to the severity of their crime. For non-fatal offences, this principle ensures that the punishment reflects the harm caused to the victim, thereby satisfying society’s need for justice and holding the offender accountable for their actions. …show more content…

For non-fatal offences, sentences may include measures such as anger management courses, therapy, or community service to address the underlying causes of the offender’s behaviour. By focusing on rehabilitation, the system aims to reduce recidivism and help offenders become productive members of society. Protection of the public is another key aim of sentencing, seeking to safeguard society by removing dangerous offenders from the public sphere. For non-fatal offences, this might involve custodial sentences for more serious cases, thereby preventing offenders from causing further harm. By incapacitating offenders, the criminal justice system ensures the safety and security of the community. Reparation aims to compensate the victims of crime and restore them as much as possible to their pre-crime state. For non-fatal offences, this can involve restitution payments to cover medical expenses, compensation for pain and suffering, or community service that benefits the victim or the community. Reparation addresses the needs of victims and reinforces the notion that offenders must take responsibility for their

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What exactly does the judge wish to accomplish with a sentence? Various motives exist such as retribution, incapacitation, deterrence, rehabilitation, and restoration (Bohm & Haley, 2011). Retribution is the most primal of the rationales, embodying the belief that wrongdoers deserve to have an equal amount of punishment in return to account for what they have done. The simple mindset of revenge is what motivates the rationale of retribution. However, incapacitation is more oriented to protecting society from further harm by separating the offender from the public.

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Restorative justice is a sentencing model that builds on restitution and community participation in an attempt to make a victim “whole again” (Schmalleger, 2010). Restorative justice can be explained as a form of punishment, which everyone involved or affected by a crime gets a feeling of peace after all if finalized. Both the victim and the offender have to agree to participate in restorative justice. There are needs that have to be met through restorative justice, which are the victim must be

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