Approach to Sentencing Student’s name

Institutional Affiliation:
Approach to Sentencing
According to Woolf (2003), there were certain guidelines that have been
established to act as the guidelines when it comes to handling
dissimilar criminal sentences, in a manner that is more objective as
opposed to the biased and subjective manner that did exist. This is in
regard to the fact that, most of the judges and the juror in particular,
were being biased on some racial, ethnic background without necessarily
considering the offender’s past or criminal background. Seiter,
(2011) points out that, the judicial system is working on an all
comprehensive method, where the offender’s crime history and the
severity of the current crime will be of paramount importance in as far
as sentencing is concerned. He points out that this kind of system will
enhance uniformity on similar offences as well as makes the sentences
predictable as the proper planning for the correctional cost and out
come is being worked upon
This sentencing approach as Robin and Thomas (2001) observe, is more
helpful in justice delivery, in the sense that it is more objective than
subjective. This can as well be echoed by the fact that due to the
nature of the sentencing predictability, the judges and the magistrates
will be less subjective and biased thus disadvantaging some offenders,
as well as hardening them as opposed to reforming them in the long run.
On the other side, the approach might appear as injustice as some
scholars argue that consistency caused by the latter in sentencing, does
not necessarily means fairness. Consequently, Robin and Thomas state
that, crime has been equalized but not justice as well as the objective
of sentencing.
The sentencing policy however, has raised the bar, as those issuing the
sentence are required to ensure that it respond to both the primary
security of the public as well as the reforming of the offender into a
more responsible being .
References
Lord Woolf, (2003) A new approach to sentencing: Anglo-Australasian
Lawyers` Society. Breakfast Sydney, Australia
Robin L. and Thomas, R. (2001). Sentencing Guidelines: Reflections on
the Future: U.S. Department of Justice, Office of Justice Programs
National Institute of Justice press.
Seiter, R. P. (2011). Corrections: An introduction (3rd Ed.). Upper
Saddle River, NJ: Prentice Hall.
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