Highlights
Criminal sanctions are imposed upon individuals who, following a guilty plea or trial at a magistrates’ court or in the Crown Court, have been convicted of committing a criminal offence. We saw in Unit 14 that conviction after a ‘not guilty’ plea usually means that there has been a trial at which the prosecutor (typically the Crown Prosecution Service (CPS)) will have satisfied the decisionmaker that a defendant (the person accused of breaking the law) has broken the law. In other words, the defendant did indeed carry out a certain act prohibited by the law, with the required mens rea, and has not been able to give a sufficient defence or explanation for why they did what the law said they should not have done. This unit will look at the variety of punishments that can be handed down by the courts, and the various rationales that have led to the development of these different methods of dealing with offenders. It will be apparent that the impact of a crime on the victim is now taken into greater consideration than it was 20 years ago. You will be given the opportunity to sit in judgment on a fictional case study, deciding which theory of punishment and which sanction are the most appropriate. This unit encourages you to express your own opinion, supporting it with reasons for the particular view you have taken.
Learning outcomes
After studying this unit, you should be able to:
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