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This means that other principles have to be considerd by this drawing up the comparable tables. These new principles may conflict with those of desert. Questions ar erased as to the fairness of o punishing thos with social problems. This stem from mitgiatiojg circumstances only being considerd at sentencing stage. How do we measure harm and culpability? Since the theory os soley based on these principles we need a way which ensures that these are being measured fairly, does such a system exist?
Retributivist theory assumes that society operates on some form of consensus and that this can be further through denunciation in particular. We live in a pluralistic society. Is consensus possible? In addition it is assumed that society en mass understands crime, sentencing, the criminajustice system. There is strong evidence which suggests that communities are confused and contradictory when it comes to their assessment opf crime. The British Crime Survey 2000 asked what people thought of the sentences being handed down to offenders.
79% said that sentencing was too lenient. At the same time it was observed that these people underestimated what sentences were actually being imposed. Evidence has suggested that on poles conducted wehyere the public has been sked to choose a sentence they were actually mor lenient than the courts. Given these examples, is sensible to make assumptions about society? None the less it can be said that elements of retributivist, particulary desert theory are omnipresent on the British judicial system. The concept is assosicated particulary with conservative ideals which dominate the stablishment.
Lets briefly touch on the 'third way', Eclecticism. This is simply an immalgimation of utilitarian and retributivist theory. It can be said that this is what the U. K conforms to this theory we use ideas from both narratives. Braithwaite, in his assessment of crime and punishment has looked at ho 0 w we should deal with criminals from a fundamentally different viewpoint, in that it is optimistic not pessimistic like 'failed nineteenth-century theories' [3] Republican theory essentially seeks to use processes of shaming followed by re-integration into the community and to maximise what Braithwaite has termed as... All formatting has been removed from this essay. Inside Coursework.
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