Etma 06

This purpose of this essay is to examine the differences of criminal and civil sanctions in order to evaluate the statement “That civil sanctions are designed to compensate and criminal sanctions are designed to punish. The most important intention of both criminal and civil sanctions is the punishment of the offender.   The essay will examine criminal sanctions and the aims behind each of the five penal theories. It will continue to look at the aims of the civil remedies in tort and contract and look at civil law in relation to child protection.

A sanction is the word used to describe the punishment for unlawful conduct. Sanctions within criminal law consist of fines, community rehabilitation and imprisonment. When sentencing a convicted person it is at the judge’s discretion whether to punish or rehabilitate the defendant and which penal theory they will decide on. There are five penal theories. Section 142(1) of the Criminal Justice Act 2003, states that judges should consider the punishment of offenders, reduction of crime, reform and rehabilitation of the offender, protection of society and reparation by offenders to persons affected by their cime. These are to be considered.   The penal theory of retribution, a principle supporting the proverb an eye for an eye and 1970s and 1980s saw a reintroduction in using of the retribution theory. According to (Bagaric, M, p134) quotes ‘that all offenders deserve to suffer and punishment should inflict the suffering they deserve’.

Reparation looks at the impact that the crime had on the victim .Reparation is more victims centered, and seeks the most suitable sentence which would aid the victim and community after the crime. This theory ensures that the victim feels the punishment was in line with their suffering and worth reporting. Since the mid-1990s reparation has been used more widely in the justice system. The Victims charter was introduced in order to make sure those victims of crime know what rights they...