Can deterrence ever be fair?

The concept of deterrence when it comes to sentencing refers to sentencing someone with the objective of putting that person off crime (individual deterrence) or sending a message to society at large (general deterrence).

There's a thoughtful post on this here in reference to the sentence passed in the case of former Met Police Assistant Commissioner Ali Dizaei (see video clip below for one view on his case).

What do you think? Can deterrent sentencing be justified, or is it unfair and inconsistent to sentence in this way in one case, but not in others?

Views please!

Harpist guilty of handling stolen goods

Jemima Phillips, official harpist to Prince Charles, was found guilty of handling stolen goods at Gloucester Crown Court today, having already admitted fraud. Apparently the cause of her offending is drug-related.

She has been told that a prison sentence is likely, and was granted Bail until the sentencing hearing. Story on video from the BBC here.
Questions for AS students:
1. Who will have decided her guilt?
2. What grounds for appeal are open to her?
3. Would you have given her bail or not, and why?
4. What do you consider an appropriate sentence to be, and why?

Garrow's Law...

is a new series on BBC1 based on the Old Bailey trial records. It shows the development of our modern adversarial system of justice and might be an eye-opener as to how the courts once worked - or didn't! It's based on pioneering Eighteenth-century Barrister William Garrow's career. Watch here!

Justice on Trial

The Guardian has just begun a campaign called Justice on Trial, aiming to highlight cases where there is a major concern that a miscarriage of justice has taken place. (Pictured here is Sally Clark, who was wrongly convicted of shaking her two baby sons to death on the basis of now discredited medical evidence).

Miscarriages of justice do not appear to have gone away, as the recent case of the Cardiff Three shows.

There's a good short film to watch (but be warned - it contains some strong language from the start) and a fantastic slideshow of some of the higher-profile miscarriages of justice that have taken place over the years.

Bail

Have a look at CJS Online for a good (if basic) explanation of the bail process. It's a good site for simple explanations of the criminal process generally.

Gratuitous celebrity link: here's a pic of Naomi Campbell attending a bail hearing in May this year! (She was granted bail but ended up with 200 hours community service for assault - no one is above the law!)

Also, have a look at the Bail (Amendment) Act 1993 - this gave the prosecution the right to appeal against a decision to grant a defendant bail for the first time.