lawpoints

[lawpoints]

202444965. 441295_A24_T2. 829-1000-word legal blog.

🧠⚖️ Reforming the Criminal Justice System: Sentencing & Rehabilitation in Focus.

when thinking of criminal Law court dream drama and a lot of high stakes-verdicts often come to mind but under the surface of all the lies and the very complex system there is one, not just only that can influence the fate of an individual but shape society as a whole. In this blog I will dig into the issue of sentencing criminals and how the calls to reform and rehabilitate are changing the way Justice is served 

🫆Crime and Punishment

can it be seen as more than just a verdict?

right at the centre of it all criminal law governance the behaviour of those deemed harmful to society and it lays out punishment for those actions. The system is set up not only just to punish those but also to protect the public, ideally rehabilitate offenders and deter crime.

on the other hand,in countries like the US in the UK the punishment tends to outweigh the rehabilitation where there are sentencing practices that have mandatory minimums and ‘three strike laws’. This is led to long incarcerations particularly for nonviolent offenders which as a result has led to overcrowded prisons and end up raising the question on fairness and equality

🧑‍⚖️ Is Sentencing always just?

Sentencing can be seen to be where law meets discretion while judges often have guidelines, they also have the power to interpret those rules within boundaries. The aim is to deliver a punishment that fits the crime to the offender, but sentencing outcomes tend to be based off many things such as;

•judge’s discretion •quality of legal representation •the defendants background• the jurisdiction and its law



These inconsistencies have led to the debates about socio-economic inequality, racial bias and unconscious bias in criminal sentences. For instance, studies in the UK and US have consistently shown that black and ethnic minority defendant are more likely to receive harsher sentences under white counterparts for very similar offences.

Furthermore, mandatory minimum sentencing has often backfired stripping judges of discretion and lead to severe outcomes for minor crimes which turned the law to blunt instrument and more of a nuisance that should be.

↪️Is Rehabilitation a better option??

 Rehabilitation should be seen as a strategic option rather than a soft one, the simple idea that housing a lot of offenders in one area can lead to criminal behaviour and can be the cause of it in the first place 

Rehabilitation options can include;

• Mental health and substance abuse treatment• after-release supports systems• Education and job training• Restorative justice programs

Countries such as Norway and Germany have embraced this approach and have received very impressive results. The recidivism rate in Norway is 20% and the prisons look more like dormitories than dungeons where prisoners are allowed to wear their own clothes, cook their own meals and are treated with dignity.

Critics often label this has been ‘too soft’ on crime but treating people like people even after they break a law can work to an extent

👮‍♀️Legal Reforms and what needs changing?

Legal scholars and practitioners and even activist are pushing for several reforms to be made to the Justice system for it to be more fair and effective, these may include;

1. Restorative Justice Initiatives-

These are programs that bring together the offenders on the victims as well as the community to discuss the impact the crime has had on them and figure out ways to repair the harm done. It’s gaining a lot of traction in youth justice systems and can lead to greater satisfaction for the victim and reduced reoffending. 

2. Sentencing Reforms

Changing or even abolishing some mandatory minimums can give judges more flexibility and encouraging alternatives to prison especially for non-violent offenders are a very important step. The sentencing council in the UK has started to revise some guidelines to promote proportionality and consider mitigating factors like mental health and childhood trauma

3. Decarcerating Ideas

Moving people away from the prison system, especially those with drug-dependency or mental-illnesses can save money and reduce harm, I believe investing it in the community-based program is more important.

📚Case Point: R v. Collins and Legal Precedent

this is the case that is looked at in one of my criminal law modules, where the UK courts dealt with an issue of consent in a burglary-turned-assault case which showcases how legal shading can play out in real life. Even though it is not directly about sentencing, it portrays, how president shapes the interpretation of criminal law.

🎁Final Thoughts

Criminal law cannot be seen in black-and-white it is a living system that reflects on societies values flaws and hopes for the futures. Reforms on things like how sentencing is practiced and investing in rehabilitation isn’t about just helping offenders but creates a safer community for everyone.

more information can be found in some of these hashtags.

#criminallaw #criminaljustice #legalblog #law