Criminal Law (Essay Sample)

In criminal law, when passing a sentence, the severity of the offence and the effect it has on the victim and society should always exceed the underlying aims of sentencing. Evaluate whether this statement is true.
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In criminal law, when passing a sentence, the severity of the offence and the effect it has on the victim and society should always exceed the underlying aims of sentencing. Evaluate whether this statement is true.
It is more often than not said that justice delayed is justice denied. This common phrase is the backbone by which the criminal justice system is built on. It is for this reason that suspected offenders are tried in a court of law and if proven guilty they are sentenced accordingly according to what the law dictates. This leads us to a question that we ought to ask ourselves, "When a person is sentenced, what are the aims of sentencing him or her?”
* Is it to ensure the offender is punished for his or her actions?
* Is it to ensure that crime is prevented by deterring both the offender and other people from committing similar crimes?
* Is it to ensure that the community is protected from the offender?
* Is it for parsimony or retribution?
* Or , is it one sentenced to promote his or her rehabilitation?
* Or most importantly, is it to recognize the harm done by the offender to the victim of the crime and the society?
Yes, we may agree on one fact sentencing is aimed at all that I have just mentioned. However, true justice is not just ensuring that those who have committed an offence are convicted by a court of law. True justice lies in considering the magnitude that the offence has on the victim and the society in general before a sentence is passed or before an offender is convicted. For a long time this question has been asked,...