DANGEROUS DRIVING AND KNIFE CRIMES

Dangerous Driving and Knife Crimes

Introduction1

Theories Of Punishment2

Dangerous Driving2

Knife Crime5

Conclusion7

Bibliography8

Dangerous Driving and Knife Crimes

Introduction

This paper is being devised with an aim of analysing the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Also validates the relationship between the Act and the punishment theory in regarding to crimes of knife and dangerous driving. LASPO which is the term used for Legal Aid, Sentencing and Punishment of Offenders Act 2012 has set up amendments which clarify, consolidate and modify the legislation based on determinate sentence and recall prisoners (UK Government, 2012). The provision is effective from December 3, 2012. The emergence of LASPO has paved way towards consolidation of different provisions under one single statutory law (Hassan-Morlai, 2012).

Historically, there has been a common practice of different societies to punish offenders and justify the practice on moral and rational grounds and for clarifying the relationship between punishment and justice. LASPO has also adhered to the theories of punishment such as utilitarian and retributive which discourage future wrongdoing and punish those who break the law.

It is observed for a long time that there are several lobby groups have fought for change of traffic law and increase the sentence term from 2 years to 5 year term jail. The pressure has resulted from the increased cases of dangerous driving (Shapland, 2012, p. 200). It is really very difficult to offer a valid sentence for the cases which are also involving aspects like serious injury and death due to small culpability. In fact in most of the times theses cases involve momentary concentration loss as well as large degree of harm. Victims of these culpability result substantial amount of change for a long period and sometime for rest of their lives.

Knife crime offenses will also feature any form of harassment, threat or possession of dangerous objects. The present has argued for and against the new offense proposal and highlighted some of the benefits. Thus, knife crime and dangerous driving cases should be handled with caution due to the newly introduced offenses (Marsh et al, 2004).

Theories of Punishment

There have been various theories which are devised in the context of punishment (Reitan, 2010), these theories are able to be divided into two general philosophies which are:

Utilitarian

Retributive

Out of these two utilitarian theories of punishment is the one which seeks for punishing the offenders for discouraging their future wrongdoing. On the other hand retributive theory is the one which seeks for punishing the offenders due to the fact that they deserve punishments (Reitan, 2010; Mitchell, 2012).

Under the utilitarian philosophy, all the laws must be utilised for maximizing happiness the relative society. This is due to the fact that crime and punishment are not consistent with the happiness; they must be kept to some minimum level. Utilitarian has a better understanding that a crime-free society doesn't exist, but they endeavor to inflict only as much punishment as is required to prevent future crimes (Mitchell, 2012).

Dangerous Driving

Section 143 “makes it an offence ...