Critically Evaluate the Arguments For and Against Giving Sentencing Discounts Where There Is a Guilty Plea

Critically Evaluate the Arguments For and Against Giving Sentencing Discounts Where There Is a Guilty Plea

Introduction

Sentencing is a severe punishment, where defendant is sent to prison. Sentencing varies from country to country, even in European Union countries there are different laws for sentencing. The issue of sentencing discount is also one of the most controversial topic and many scholars have their own view upon the discounting sentencing. It has been observed that there are no clear statement in English Law for the sentencing. However, there are varieties of penalties and punishments for the offender. These varieties are offered by statue.

Each convict receives a credit of remission calculated on the length of the sentence up to three months for the first year, two months for the following years and for a term of less than one year. Furthermore, seven days per month for sentences greater than one year, the total reduction corresponding to seven days per month may not exceed two months. When the prisoner is on recidivism, the remission credit is calculated up to two months in the first year, one month for the following years and, for a term of one year or part penalty less than a full year, five days per month for sentences greater than one year, the total reduction corresponding to five days per month may not exceed one month. It is not considered the provisions of this paragraph to determine the date from which parole may be granted to the convicted, the date being fixed by reference to a sentence reduction credit would be calculated in accordance with first paragraph.

Penny Derbyshire's Points

There is a heavy criticism on the system of providing discounts for guilty plea. Penny Derbyshire's in her book “mischief of plea bargaining” has provided against view of the sentencing discounts. There are loud and heavy arguments against the sentencing discount as it will be a disadvantage for the Criminal Justice Department. Discounting the sentencing will motivate other criminals to stay guilty and get sentencing discounts; furthermore there are more writers that have given against views on this discounting sentencing on pleas of guilty. Lord Justice Auld, who has given his views on discounting sentence tell that there should be a system of discounting sentence. There some following arguments that gives clear views against the discounting sentencing,

Defendant do not deserve the discount on sentence if they are plead guilty, this is the benefits for the guilty that is not the purpose of criminal justice system, to benefit defendants who are plead guilty, they deserve punishment so they would not this again.

This is an improper mean to treating the plea guilty; however, there could be other punishments, for these guilty.

The authors argued that the countries like Scotland do not provide any discount to guilty, and this treatment is known as improper inducement, and this is an improper system in many European countries.

People who are victim and came ...