Criminology: Prisons and Prisoners Module - Coursework Example

Criminology - prisons and prisoners module Introduction Criminology fundamentally deals with the study of prisoners while covering the guidelines for sentencing. The subject has gained immense recognition in the last few years because of increasing crime rate and the significant explosion of riots. Although sentencing guidelines undergo continuous changes and revisions because in particular situations it becomes difficult to punish offenders as per the preset guidelines. This happens because of the unique nature of criminal activities or the involvement of general citizens in the riots. Similar situation happened in August 2011 in England when major cities were exposed to riots and extensive criminal activities (Roberts). Police and law enforcement agencies played their role while arresting a large number of offenders. All of them were later brought to the court where sentences were passed against them. Critics argue that the sentencing in relation to the crimes committed during August 2011 riots were unjustified. This paper aims to investigate the considerations which influence the sentencing of August 2011 prisoners in England. Moreover, research and discussion will reveal that either these considerations were justified or not. Discussion As per the records of Guardian ‘Reading the Riots’ 2823 individuals were arrested on 9th August 2011. The number of arrested people increased to 3051 by 15th June 2012. Furthermore, 66% offenders were below 24 years of age while 91% comprised of male individuals. It was noticed that majority offenders were unemployed and belonged to middle class whereas 3/4th of adults were confident about the criminal acts. Individuals who were below 18 years were expelled from educational institutions while having exceptional learning needs (Roberts). Before going in to the details of these individuals’ involvement in riots and sentencing considerations it is important to comprehend the definitive guidelines of England’s Sentencing Council which particularly deals with physical assault and other different forms of offenses. These guidelines were updated on June 13, 2011 and they restored the attack guidelines primarily forwarded in 2008 by the Sentencing Guidelines Council. Moreover, the new sentencing structure covered the crucial subjects such as burglary and drugs dealing. These guidelines were supposed to be formatted over the time while on the other hand extensive professional and public consultation was required to enforce them (Roberts). Following is an example of Sentencing Structure particularly enforced in June 2011 in England (Roberts): Crime: Burglary at the domestic level. Utmost penalty: 14 years in prison when the offender is condemned. Step 1: Initially the prosecutors are required to define the appropriate category of offense, for instance, high level of guilt and significant harm, low level of guilt and significant harm or vice versa and finally insignificant harm and low level of guilt. Step 2: Once the category of the offender is defined then a provisional sentence statement is generated. This statement is primarily unconcerned with the state of offender, for instance, plea or past involvement in crime. In addition to this, there are other substantial factors which must be considered in order to analyze the mitigating or infuriating state of the crime. These factors also play an important role in influencing the seriousness of criminal act while presenting different aspects of downward or upward adjustments. Step 3: Here, prosecutors are required to further analyze the case so as to assist the offender or reject the assistance appeals. Step 4: Different elements presented in the case are actually reduced to a certain level at this stage so as to accept the criminal’s appeal for exoneration. Step 5: There are few dangerous criterions which make the offender eligible for imposition in regard to an extended sentence. Step 6: If the offender is found to be involved in more than one criminal case then the totality principle is applied. This helps in giving a proportionate sentence which justifies the overall offense. Step 7: Here, the compensation or other significant orders are considered. Step 8: Prosecutors are also required to explain the outcomes of sentence especially in regard to the offender. Step 9: Finally bail or time-on remand is considered. All of these steps explain the critical nature of sentencing procedure. However, this guideline is subject to change as per the particular state requirements. For instance, in August 2011, the unexpected and significantly strange riots broke in England which subsequently brought a challenge for these guidelines. As per the case details over three days and nights were spent in crime control activities. Individuals were particularly involved in looting the major cities such as London, Birmingham, Bristol and Manchester. Most of the charges which were made against the offenders were regarding commercial property burglary, theft or dealing of stolen goods (Roberts). The government officials immediately responded to the situation and arrested many individuals who were convicted of the crime. However, while arresting a large number of people the law enforcement agencies undermined the sentencing guidelines. Hence later on these individuals were prosecuted and sentenced against the conventional principles. This further raised the questions that either the sentencing considerations for the offenders of August 2011 riots were justified or not. Following were the most significant considerations which influenced sentencing in regard to 2011 England riots: First of all the reason behind arresting people was defined, for instance, were these individuals arrested for punishment or a revenge by the state government to cover up the losses incurred due to the riots. Moreover, the sentencing guidelines to be followed for August 2011 riots should be deterrence based or not. The considered sentencing structure will encourage criminal behavior or it will control the negativity prevailing in the society. Apart from these, the profile of offenders, policy, sentencing structure and the role of prison were particularly considered while punishing the prisoners. For instance, the offenders’ past involvement in criminal activities or the impact of ethnicity, religion and nationality was well thought-out. Here, the role of prison was also an important indicator in evaluating the criminal instincts of the offenders. Justifications It has been noticed that the sentencing guidelines adopted for the offenders of August 2011 riots were significantly different from the regular sentencing procedures. This change in policy was explained by the authorities as the ultimate need of time. According to one of the legal advisors the sentencing guidelines updated in June 2011 were inapplicable to the cases identified as the result of looting and disturbance. However, due to the sudden change in sentencing policy a large number of individuals were punished severely as compared to the insignificant nature of their crime. One of the similar cases states about Perry Sutcliffe-Keenan who was 22 years old at the time of riots and Jordan Blackshaw who was 20. Both were imprisoned for conducting an act which is not even listed as a crime according to the books of Law. Research indicates that Perry and Blackshaw were involved in inciting people in regard to the riots through facebook. Both were given four years sentence which was far beyond the nature of their crime. In normal circumstances criminals are sentenced for such a long time period only when they have kidnapped someone, conducted a sexual assault or murdered an individual because of driving in an intoxicated state (Travis). In another case 21 years old McGrath was sentenced an imprisonment of twenty-four months. This individual was convicted of burglary and he later pleaded for his offense due to which his sentence was reduced to eighteen months. He was a university student whereas on the other hand the court also acknowledged his moral conduct and good character. The usual sentence for the crime that McGrath committed is custody for only six months. However, he was sentenced significantly more than the original sentencing time period (Roberts). These two cases are specifically related to the misuse of powers and unjustified sentencing of offenders after August 2011 riots. But Tim Newburn in his article ‘Counterblast: Young People and the August 2011 riots’ suggests that severe punishments were given to the offenders due to their immoral behavior. The sentencing was not based upon race, culture, religion, color, status or any other element rather it was the matter of ethics. The contemporary youth showed a high level of indifference towards the social right and wrong approaches. The offenders arrested did not have any concern to the moral codes or self restraint. Moreover, the young people acted highly selfish and irresponsible while giving absolutely no attention to the outcomes of their attempts (Newburn). An initial judgment passed by the Manchester Recorder in which the consultation of various judges was mentioned indicated that the criminal behavior observed during the riots was actually beyond the normal criminality context (Roberts). Conclusion August 2011 riots surely proved to be a great challenge for judges and law enforcement agencies. Apparently it seemed that the offenders were sentenced far more than the legal requirements depending upon their crimes. However, critical analysis shows that majority sentences were based upon ethical considerations. The peculiar details of riots actually justify the sentencing structure adopted by prosecutors. Since people had lost their sense of moral conduct therefore there was a high need of such intense punishments. Works Cited Newburn, Tim. "Counterblast: Young People and the August 2011 Riots." The Howard Journal of Criminal Justice (2012): 331–335. Roberts, Julian V. "Sentencing Guidelines in England and Wales: Recent Developments and Emerging Issues." Law and Contemporary Problems (2013): 1-25. Travis, Alan. England riots: will harsher sentences act as a deterrent? The Guardian. 2011. Web. 3 May 2014. Read More