Are Custodial Sentences the most economical and effective way of Crime Prevention - Free Essay Example

Custodial sentences are supposed to be an efficient way of reducing crime, enforcing punishment for the crime committed. The main aims of custodial sentencing is Retribution , Denunciation ,Deterrence ,Rehabilitation and Reparation, but are custodial sentences always the most economical and best way of crime prevention? The idea of Retribution is to enforce a punishment on the offender as a result of the actions and the crimes they have committed. Denunciation is aimed to be a way of acknowledgment and highlighting the fact of societyà ¢Ã¢â€š ¬Ã¢â€ž ¢s un-acceptance and zero tolerance policy of crimes being committed without being punished. This should give satisfaction to society that there is justice being done to criminals.[1] Lord Denning described denunciation as: à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã¢â€ž ¢Punishment is the way in which society expresses its denunciation of wrong doing, and in order to maintain respect for the law it is essential that the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them.à ¢Ã¢â€š ¬Ã¢â€ž ¢Ãƒ ¢Ã¢â€š ¬Ã¢â€ž ¢[2] Custodial sentences are supposed to be also used as a Deterrence and a preventative measure to prevent crimes from being committed in the future by giving harsh sentences for crimes the government hopes this will prevent crimes being committed in the future especially where harsher sentences are given.[3] One of the main aims of rehabilitation is to reform and rehabilitate them so that when they are released back into society they are educated and that they are less likely to commit crimes when they ar e released. It is beneficial for offenders to be educated and have access to qualifications whilst being imprisoned which makes the time spent inside beneficial and then once rehabilitated have the skills they need to find a job when released back into the community so that they dot have to resort back to crime as a way to make money.[4] The main aim of rehabilitation is to reform the offender and rehabilitate him or her into society, so that they are less likely to commit offences in the future. This is either because they either learn to see the harm they are causing to society or because they learn through education, training and other forms of help. It is an aim that looks into the future of the defendant. It has the hope that the offender ¹s behaviour will be altered by the penalty imposed, so they will not re-offend in the future. Reparation allows compensation to the victims of the crimes where the courts have the power to order the offender to repay and give com pensation to the victim for the crime they have committed. In an ideal world custodial sentences are supposed to be the most beneficial way of crime prevention although this is in theory, in practice this is not always the case. For example certain criminals offend to feed a drug or alcohol addiction. We know for more serious crimes and repeat offenders that custodial sentences are the only option however in some other less serious crimes it may be more cost effective and economical if the offender had to pay compensation not only to the victim but also the same or even more to the government. This could become a more effective way in crime reduction if offenders actually have to pay money as opposed to just going to prison where in fact the government and the tax payer have to pay for them, shelter, feed and clothe them rather if the criminals were the ones who had to pay this may give an income to the government as well as compensating the victims. In Section 152 9 (2) Of The Criminal Justice Act 2003 (amended in 2012 LASPO), states that, à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã¢â€ž ¢ à ¢Ã¢â€š ¬Ã‹Å"The court MUST NOT pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was SO SERIOUS that neither a fine alone nor a community sentence can be justified for the offenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ There are certain restrictions as per Section.79 (2) of the Powers of Criminal Courts Service Act 2000 (PCC(S)) that:- That the offence, or the combination of the offence and more or more offences associated with it , was so serious that only such a sentence can be justified for the offence; or Where the offences are a violent or sexual offence, that only such a sentence would be adequate to protect the public from serious harm.[5] Custodial sentences in this context may not always be the most effective way of crime prevention and rehabilitation of the criminal and further preventing crimes from being committed in the future. However this may be beneficial to society if the offender poses certain risk to the general public however offenders at this level often have a total disregard for the law an often do not mind going to jail as jail offers a warm bed with food and shelter often many offenders donà ¢Ã¢â€š ¬Ã¢â€ž ¢t have this in society. Housing offenders in prison is very costly to the government and the tax payer. In a report disclosed by the Minister of Justice for 2012-13 state the cost of housing one prisoner alone a Male CAT B prisoner to be  £33,632. [6] It can be said by some that criminals are just thrown into prison without actually doing much in order to rehabilitate the criminals this can be seen clearly due to the overcrowding of the prison population. In Lord Carters review in 20 07 of prisons, à ¢Ã¢â€š ¬Ã‹Å"Securing the Futureà ¢Ã¢â€š ¬Ã¢â€ž ¢, where he predicted that from June 2014 that there will be a lack of prison places and their could potentially be a shortfall of places as high as 13,000. That puts more pressure on the government to provide funds and build new prisons in order to facilitate the ever increasing amount of criminals being put in prison.[7] Due to prisons being overcrowded this has consequently had a knock on effect an disrupted the rehabilitation of prisoners , since prisoners are often moved around as the prison service tries to facilitate the fluctuation in prison numbers and to relieve themselves from stress. This means educating the offenders is often interrupted and/or neglected as a result and often before they are able to finish completing courses they have started.[8] The fact prisoners are being moved around makes it difficult to maintain and set out plans for rehabilitating individuals, so as a result making prisoners employable when they finish their sentence becomes more difficult resulting in repeat offenders committing crimes and then again ending back in jail at the cost of the tax payer. This cycle will continue if significant changes are not made to the justice system in the up and other authorities who work together. The lack of failing to work together effectively comes at a huge price to the government and the tax payer and wastes funds, In an Audit conducted by à ¢Ã¢â€š ¬Ã‹Å"The National Audit Officeà ¢Ã¢â€š ¬Ã¢â€ž ¢, they held that 62% of court proceedings in the UK that cases were not successful and did not go ahead due to drop in charges on the day of the hearing or poor preparation and lack of evidence which caused cases to be dropped.[9] If the British justice system were more inclined to rehabilitating and educating offenders as opposed to just putting them in jail and paying little attention to the rehabilitation, they may find huge savings the government and the British tax payer. In a report by the à ¢Ã¢â€š ¬Ã‹Å"Matrix Knowledge Groupà ¢Ã¢â€š ¬Ã¢â€ž ¢, who made a report called,à ¢Ã¢â€š ¬Ã¢â€ž ¢ For and Against Prisonà ¢Ã¢â€š ¬Ã¢â€ž ¢; they made some remarkable predictions relating to this matter. The aim of their report was too collect evidence which was needed to identify and outline and argument for and against offenders being served with custodial sentences , including alternatives and an economic forecast of the current costs and the potential savings that could be earned by rehabilitating individuals as opposed to just putting them in prison.[10] In the Case R v Howells (1999) Lord Bingham stated that : à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã¢â€ž ¢There is no bright line which separates offences which are so serious that only a custodial sentence can be justified from offences which are not so serious as to require the passing of a custodial sentenceà ¢Ã¢â€š ¬Ã¢â€ž ¢ (pg. 103)[11] The Matrix report stated that if there were to be adult community interventions and Drug rehabilitation available in the community for offenders known as à ¢Ã¢â€š ¬Ã‹Å"Drug Treatment Alternative To Prison Programme (DTAP)à ¢Ã¢â€š ¬Ã¢â€ž ¢ , where offenders will be put on intense programmes , inclusive of group sessions with in their community which would help to teach them social skills and values , help to become drug free, behavioural help also including educational programs which would help to make offenders employable and have a life which is positive an make them not dependant on drugs. [12] If operations were available like this in the community it would cost around  £5,299 per offender each year this is not a lot compared to the cost of housing offenders in prison . These types of community intervention could give a massive saving to the government the matrix report predicts that there could be a saving of  £88,469 to the tax payer alone, and a further saving of  £202,775 just for educating the offenders and preventing crimes which would give a saving to the victim costs alone.[13] There are other forms of sentencing that are available as opposed to custodial sentences for example in the Criminal Justice Act 1991 was when the Probation Order became a sentence in its own right this gave an increase in community sentences in 1992 the increase was 18% , and in 2002 it had increased again to 25%. Although these figures did not however reduce custodial sentences being given these figures were in addition to custodial sentences due to increase in crime.[14] To conclude it can be clear by the research and studies that have been taken to address the issue, of weather if custodial sentences are economical and cost effective way of crime prevention? Or that by sending prisoners to jail for some time where they can do no harm for the duration of the sentence is not always efficient or cost effect and/or if it even prevents crime at all? There is no doubt for certain kinds of prisoners a custodial sentence is the only option , but if there were alternatives made available by the justice system in communities this would give better value for money spent by way of rehabilitating offenders as opposed to just sending them to prison. Research has identified that adult based community schemes are shown to be the best and most likely to be more effective way of crime prevention in the UK. Bibliography Michael Cavadino and James Dignan, à ¢Ã¢â€š ¬Ã‹Å"The Penal System: An Introduction (London: Sage, 2007, 4th Edition) Aileen Murphie, Measuring the effectiveness of prison on sentences in England and Wales (https://www.justice.gouv.fr/art_pix/MurphieWilkins.pdf https://www.justice.gouv.fr/art_pix/MurphieWilkins.pdf Roger Matthews, à ¢Ã¢â€š ¬Ã‹Å"Doing Time An Introduction to the Sociology of Imprisonment (Basingstoke: Palgrave Macmillan, 2009, 2nd Edition https://www.justice.gouv.fr/art_pix/MurphieWilkins.pdf www.matrixknowledge.com/vendor/wp-content/ uploads/2013/09/10-economic-case-for-and-against-prison.pdf https://merlin/reports/nao/0506/n0506798.pdf https://sentencingcouncil.judiciary.gov.uk/sentencing/custodial-sentences.htm https://www.sentencingproject.org/doc/Deterrence Briefing .pdf [1] https://sentencingcouncil.judiciary.gov.uk/sentencing/custodial-sentences.htm [2] https://www.peterjepson.com/law/aoife sentencing.htm [3] https://www.sentencingproject.org/doc/Deterrence Briefing .pdf [4] https://www.justice.gouv.fr/art_pix/MurphieWilkins.pdf [5] https://www.legislation.gov.uk/ukpga/2000/6/contents [6] https://www.gov.uk/government/organisations/ministry-of-justice/about/statistics [7] news.bbc.co.uk/2/shared/bsp/hi/pdfs/05_12_07_prisons.pdf [8] https://www.justice.gouv.fr/art_pix/MurphieWilkins.pdf [9] https://merlin/reports/nao/0506/n0506798.pdf [10] Matrix report à ¢Ã¢â€š ¬Ã‹Å" For and Against prisonà ¢Ã¢â€š ¬Ã¢â€ž ¢ , Blackboard [11] R v Howells ,Blackboard [12] Matrix Report , Blackboard [13] Matrix Report, Blackboard [14] Lecture 8 Slides Blackboard

Buddhism and Catholicism Marriage and Beliefs - Free Essay Example

Sample details Pages: 4 Words: 1077 Downloads: 8 Date added: 2019/07/01 Category Religion Essay Level High school Tags: Buddhism Essay Did you like this example? Introduction Religion can be defined as human beliefs towards a particular Supreme Being or deity. Religion guides peoples way of life and their interaction with other living things. Many people in the world owe their creation to gods, but there is a fraction of human beings in the world who do not believe in the existence of a Supreme Being or god. Don’t waste time! Our writers will create an original "Buddhism and Catholicism Marriage and Beliefs" essay for you Create order Other people believe that it is the act of a man and women through procreation that keeps the world going (Bobbie, 5). Religion advocates for marriage as a way of continuing their deitys creation; in Catholicism, this is termed as a holy sacrament. On the contrary, Buddhism considers marriage as a secular affair (Anthony, 22). The History of Catholicism and Buddhism Buddhism religion started in India more than 2500 years ago and currently has around 350 million followers across the world. This religion is based on the concept of joy and freedom; it was named after Buddha who was claimed to have achieved enlightenment. Buddhism teaching has made its followers believe that good deeds lead to reincarnation either in heaven or in the form of another human being. On the other hand, evil deeds according to Buddhism results in a persons rebirth either in hell or as an animal (Bobbie, 24). Catholicism as a religion, on the other hand, believes in the holy trinity that is; God the father, son and the Holy Spirit. Catholicism is the largest religion on earth with over one billion followers. The followers believe a person should lead a holy life without sin but if somebody sins the grace through Gods son (Jesus Christ) can redeem them through partaking of the holy sacrament. Catholicism means a followers cooperation with their God and obedience into his way through acceptance of grace (Ronald, 10). Similarities and Differences between Buddhism and Catholicism Catholicism religion practices worship rituals to a supreme being concerning holy mass, a re-enactment of Holy Thursday to remember when Christ Jesus celebrated the last supper. Another ritual practiced by Catholics is the observation of Good Friday in commemorating the death of Jesus Christ as a sign of their redemption from the bondage of sin. Buddhists also practice rituals to their gods such as visiting the Buddha, confession of sins, practicing Dana, giving an offering, and going for refuge. Finally, marriage rituals are celebrated by the two religions (Ronald, 15). Some of the differences between the two religious include Catholicism emphasizes practicing the above rituals to identify with the death and resurrection of their claimed savior Jesus Christ. On the contrary, in Buddhism there is no perceived savior; the rituals are practiced to enable them to achieve enlightenment. Buddhism advocates for good deeds to achieve comfort and happiness. It is necessary to note that, the two religions practice these rituals in different ways temple and churches (Anthony, 7). Both Buddhism and Catholicism have regard for the marriage rituals where Catholicism treats marriage as a sacrament. According to Catholicism, marriage should be ordained by God for procreation and comfort. In Catholicism, marriages are celebrated in church for the couple to receive blessings from God and the priest. On the other hand, Buddhism advocates for marriage though they treat it as a secular issue, not one that is spiritual. In Buddhism, marriage is carried out in the civil offices, after the ceremony the couple is required to visit the temple to receive a blessing from monks (Anthony, 44). Some of the differences between the two religions include, in Catholicism marriage is for the believers only, the nuns (women) and priests (men) are not allowed to marry. Additionally, same-sex marriage and divorce are highly condemned by Catholicism. Whereas, Buddhism does not forbid the monks from getting married. It is essential to note that though Buddhism has discussed same-sex marriage in their Vinaya, it does not provide laws or clear guidelines that condemn this kind of marriage. Buddhism also is in support of divorce (Anthony, 50). Buddhism and Catholicism religious believe that good and bad actions can determine a persons fate regarding marriage. Buddhism emphasizes that a persons behaviors such as adultery and unfaithfulness in marriage whether in the past or the present can determine their rebirth. A well-behaved person may go to heaven after death or come back in the form of another human being, whereas an evil person may come back as an animal or go to hell after death. This concept of rebirth has made Buddhists strive to live in peace with their marriage partners (Anthony, 30). Catholicism teaches about abstaining from adultery, unfaithfulness, and sin by always engaging in the acceptable behavior. This religion also claims that good deeds may help a believer to become a Saint or go to heaven after their death. On the contrary, if a person lived a sinful life such as adultery, after their death, they might go to hell after the judgment. The two religions concept of marriage, hell, and rebirth after death either by becoming a Saint in Catholicism or reincarnation in Buddhism seems to be almost similar (Anthony, 24). Religious views towards women The Buddhism religion in the ancient time disregarded women; actually, the birth of a girl was interpreted as a misfortune. The women were regarded as sutras; when they were young girls were provided care by their father, after marriage, the husbands were charged with that responsibility, in their old age, the women were taken care of by their son. Currently, this has changed as women and men are being treated as equals where they are all allowed to participate in the Bhikkhuni Sangha, a spiritual, religious teaching (Anthony, 19). In Catholicism, women are allowed to participate in the seminary and church preparation for the priest. Despite this, women are never ordained as a priest; this means they cannot be allowed to fulfill the duties of a priest. Unlike in Catholicism, Buddhism has allowed women to carry out all religious rituals fully (Anthony, 22). Conclusion In conclusion, it is important to mention that, based on the research done on religion; there is no superior religion to the other. Marriage is highly regarded by the two religions though there are differences that exist between them. Religions practice rituals in conformity to their deitys law and also to create peace in the society. Finally, women in the two religions are regarded differently in Buddhism they have been given equal responsibility as men whereas in Catholicism have are only allowed to serve. The New York Times, June 22, 2007, reported that religion is just a people way of life (Anthony, 112).

The Regulatory Craft Controlling Risks, Solving Problems, and Assignment

Essays on The Regulatory Craft: Controlling Risks, Solving Problems, and Managing Compliance Assignment The paper "The Regulatory Craft: Controlling Risks, Solving Problems, and Managing Compliance" is a wonderful example of an assignment on law. Issue: Should the industrial attempts to compromise compliance provisions on environmental care standards that help reduce soot pollution from power plants be considered legal? RulingA legal case from a current event that has taken place within the past 2 years is that where an appeals court in Washington DC on the 11, March 2014 upheld power plants soot compliance regulations. This followed an attempt to weaken the provisions for compliance with the environmental standards that aim to reduce the pollution by soot from power plants. The governance principle of the regulatory requirement involves rules that require the power plants to use procedures that are low cost in ensuring the effective working of their technologies for pollution control. Additionally, the principles involve conducting capacity testing to confirm a firm’s compliance. The courts’ ruling provides confidence that the standards for pollution are to be met (Environmental Defence Fund, 1). Application Methods for managing legal risks arising from regulatory compliance issues include the following: first, evaluating the alternative as well as the nonregulatory responses to the r isks and selecting among them. Second, a set of risks tolerance, identifying the risks potential and manages as well as mitigate the risks within the organizations (Sparrow, 21). These methods, when carried out, will come in hand in managing the legal risk arising from regulatory compliance issues.ConclusionRegulatory compliance refers to adherence to law, regulations, specifications, and guidelines by an organization, that are relevant to the business carried out by it. As such, violation of these regulatory requirements often results in federal fines or legal punishments against the organization (Sparrow, 3).

Ticking Bomb free essay sample

Terrorism is claimed to pose such an extreme threat that the prohibition against torture cannot be maintained, we are involved in a new kind of war in which the ordinary moral constraints cannot apply Read the ticking bomb scenario â€Å"Suppose a fanatic, perfectly willing to die rather than collaborate in the thwarting of his own scheme, has set a hidden nuclear device to explode in the heart of Paris. There is no time to evacuate the innocent people or even the moveable art treasures- the only hope of preventing tragedy is to torture the perpetrator, find the device and deactivate it† However this scenario does not explain how the suspect was caught or identified or whether he has the relevant information and the only way to find where the bomb is is by interrogating the suspect. -Utilitarian justification: sacrifice one to save all the innocent people Although many ordinary people have the capacity to commit horrendous acts of torture without any training Stanley Milgram’s obedience to authority experiment What kind of training would a torturer require? -torturer must be an expert in interrogational torture -requires finesse skill and discipline: -incompetence of guards at abu Gharaib: allowing amateurs to torture prisoners the good interrogational torturer needs to be entirely in control of the process of torture, no flinching, without hesitation but cannot be sadistic or overly brutal. We will write a custom essay sample on Ticking Bomb or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page They need to be able to manage psychological stress and immense strength of mind However those guards did not posses the skill to extract the information without killing the captive In the real world, most torturers are soldiers or military policeman who have been trained in elite military units   -survival skills, reconnaissance, rescue operations, jungle training, counter-terrorism and counter-insurgency training -intense, brutal exercises, techniques of psychological torture ( can result in dissociation and deep anxiety, desensitizes trainees to the infliction and the endurance of suffering, reduces soldiers empathetic reaction)-are often humiliated, filthy, terrified, and naked and this aids the torturers perception of them as sub-human -such as hooding, sleep deprivation, denial of toiler facilities aim to make torture victims feel and look less human therefore making it easier for torturers to threat them as if they were less human -dehumanizing process makes it easier but can also come to feel that the victims deserve their suffering 3). Supporters of the ticking time bomb argument 1. torturer might need the kind of training that is described if he is to be successful . training has not been fully discussed and is harsh 3. because torturers are trained to obey orders they are unlikely to question whether a order is justified, the use of torture is most often what is called a â€Å"crime of obedience†- a crime that occurs when individuals perform acts of severe violence, simply because they were ordered by an authority torturers are obeying illegal and immoral orders to torture because that is what they are trained to do, therefore torturing is seen as a professional job 4) its just the way torturers are used is problematic: torture is not accident, it’s directly connected to how they are trained -no evidence that the use of torture will ever be restricted to the ticking time bomb scenario -the interrogational torture needed for the ticking time bomb scenario cannot be achieved without a trained torturer Finally, the way torturers are trained is connected to the illegal and immoral use of torture on a vast scale -cause more suffering than it prevents -impossible to contain the use of torture and the use of torturers within the limits of the ticking bomb scenario