refer to individuals who have participated in illegal behaviour by minors. There are prescribed procedures for dealing with juveniles. This usually include juvenile detention centers and courts. The trend is towards rehabilitation rather than incarceration even if the juvenile is placed into an institution. This is aimed at assist the juvenile through education and other forms of social intervention, which might also include probation, counselling and in some instances, community service. Sentencing References sixthformlaw.com study.com Criminal Justice (Reform) Act Juvenile Act Childs Care and Protection Act The Corrections Act CAPE Law Study Guide What is Sentencing? Theories in Sentencing Types of Sentences 1. Paying Fines Sentencing means any penalty or imprisonment ordered to 1. The General Deterrence Theory be paid or served, or any other order made by a court after Except for mandatory sentence of imprisonment, the This theory seeks to achieve the enforcement of criminal court may impose a fine. an offender is convicted, whether or not a conviction has laws by intimidating others into abiding by the law. been recorded. 2. Suspended Sentences 2. The Specific or Individual Deterrence Theory A Court which passes a sentence of imprisonment for Purposes of Sentencing a term of not more than three years may order that the This refers to the use of punishment for criminal activity "Any court dealing with an offender in respect of his sentences be suspended and served in the community intended to discourage a specific individual from re- offence must have regard to the following purposes of unsupervised. offending. sentencing." 3. Suspended Sentence Supervision Order 3. The Preventive Theory NB: These purposes do not apply to persons under 18 or Offenders who have had their sentences suspended is where the sentence is fixed by law minimum sentences and This is founded on the idea of preventing repetition of placed under the supervision of a Probation After-Care mental health orders. crime by disabling the offender through measures such as Officer for a period not exceeding that for which the imprisonment, forfeiture, and suspension of licence. sentence has been suspended or normally up to three 1. Punishment of offenders: This is done by deprivation of (3) years. freedom or removal from the free society. 4. The Rehabilitation Theory 4. Admonished and Discharged 2. Deterrence: This is based on the idea that the convicted This theory rests on the assumption that individuals can be An individual may also be admonished and offenders will not repeat the crime because the punishment treated and can be treated and can return to a crime free discharged. This means that he/she receives a stern taught him the consequences of offending. It also serves as lifestyle. warning from the Judge. caution to others against committing similar offences. Factors which Influence Sentence 5. Probation Order 3. Reformation and rehabilitation of offenders: The Things Considered: The offender is supervised in the community and must offender has accepted responsibility for his crime, has follow a set of conditions (rules) set out in his/her shown remorse and promises to take advantage of 1. The seriousness of the offence. Probation Order. rehabilitation opportunities. 2. The offenders position in society. 3. Prior convictions of the Defendant. 6. Community Service Orders 4. Protection of the Public: This revolves around protecting 4. Was the offender on bail, parole, or given a The court may, with the consent of an offender 17 the public from the crimes of convicted persons. suspended sentence? years or over, make an order requiring him to perform 5. No other choice: The sentencer has to assess the criminal 5. The familial, economic and social circumstance of unpaid work for a period of not less than 40 hours or records, especially if it is a routine offender. the defendant. more than 360 hours for a single offence and up to 480 6. The offenders health status. (See Text for more) hours for more than one offence. 7. Death
United States v. Fermin Gonzalez, Roberto Murgado and Juan Carlos Roman, Agustin Novellas, Also Known as 9:95cr721-D1, Orlando Urrego-Loaiza, Also Known as Jimmy, Hector Lombana, Also Known as Beto, Also Known as Darwin, Edgar Rigoberto Reyes, Also Known as Rodrigo, Luis Carlos, Guillermo Heano, Victor Heano, Camilo "Lnu," Jhon Jairo Giraldo, Luis Fernando Millan-Echeverry, Also Known as El Negro, Also Known as Luis Fernando, Antonio Fortich, Roberto Sanchez-Salom, Also Known as Roberto Sanchez, Ceasar Augusto Londino Diossa, Also Known as Ceasar Diossa, Raul Sanchez-Blanco, Francisco Vielman, Also Known as Paco, Gregorio Disotuardt, Jose Calata-Sanchez, Nelson Lozano Zapata, Angel Reyes, Mario Louis Gonzalez, Also Known as Jim, Jose Sady-Arias, Also Known as Andreas Correa, Luis Delaquila, Also Known as Palomo, Freddy Alemeda, Carlos Arturo-Zapata and Felix Gonzalez-Diaz, 192 F.3d 350, 2d Cir. (1999)