exemplary sentencing eg Londn Riots, higher setencing in mags
Educative
Preventialism
Incapacitation
Rehabilitation
Kenneth Clark
Utilitariansim
Bentham
Annotations:
Greatest Good for greatest number, punishment not bad, neccesary evil
Just Desserts
Unfair Advantage- Kant
Finnus- wrongful excess of freedom
Fletcher
Annotations:
Criminal law should reflect way we live
Measuring desserts
Annotations:
Look at extent of harm and level of blameworthyness
Previous Convictions
CJA 2003
Annotations:
Endorsed princple of JD. since 1991 however, other types of sentencing have been prevailing.
Retribution
get what you deserve when commit a crime
Negative Retribution- Hart
Annotations:
ceiling of max punishment, only punish people because what they deserve, not beyond
Sentencing Guidelines
Annotations:
for every crime in English law, descriptive rather than numerical giudes for sentencing. includes factors such as premeditation, not juts culpability and harm
Basis for criminalising conduct
Annotations:
criteria of what is criminal and what's not changes over the year
Brown
Annotations:
Sadomasicistic case. when is it lawful to inflict injuries.
Criminal Liabilty in Regulatory Contexts
Annotations:
More and more things that are civil problems are becoming crimes.
Legal moralism
Devlin v Hart
Destructive
to the very
fabric of
societty
Assumes
shared morality
that criminal
law should
enforce