Sentencing Principles in Criminal Law: Deterrent, Retribution, and Reformative

Criminal Law

Contents
INTRODUCTION.......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
CONCLUSION...........................................................................................................................................6
REFERENCES............................................................................................................................................7

INTRODUCTION
The criminal law is the one which deals with the offences and crimes which happens in
the society. It mainly maintains the order and law in the society so that no deterrent effect is
created on the people in order to prevent commission of the crime. There are many sentencing
principles which must be followed by the judiciary in order to convict the offender (Cullen,
Kastner and Richmond, 2020). This report will deal with the sentencing principles in criminal
law which includes deterrent, retribution and reformation and recommendation to the judgment
of case Macdonald v. R.
MAIN BODY
The issue of punishing the criminals is a debated topic for the society wherein
punishment can be defined as something which is unpleasant for the offence which is against the
legal rules that is imposed by the legal authority and administered by society. There are many
sentencing principles which guide the judiciary in order t punish the offender which includes the
following-
Deterrence sentencing principle
It is a major criminal offending which used to deal with threat of punishment that is being
given to than individual who has committed crime as it provides a probability to reduce the
offending level in the society. The main motive of this sentence in principle is that the
punishment given to the individual or the offender will prevent that particular offender from
involving in any other crime, as this will help out to restrain that person and also to protect the
society from further criminal activities that can be let out because of the engagement of that
person. The second major application is to make a fair public and to give them a proper
knowledge that all such kinds of offences will be punished as it will also generalised the basic
deterrent affect and will also promote such events through which commitment of crimes can be
removed. As this Sentencing principle used to have three major elements which are celerity,
severity and certainty. They used to focus on reducing future offending by sanctioning different
kinds of threats of being taken a strict action (Laufer, 2017). It is mainly of two distinct
categories they are like: