psychologists the reason for this is because it is far .
better to aim at shaping and reinforcing an offenders .
behaviour, rather than just giving them a prison sentence .
on the basis that they deserve it. Psychologists who .
have carried out some research in this area suggest that .
it would be far better to change offenders by punishment .
through rehabilitation, deterrence, training or treatment .
programs. In contrast to the psychologists view, the .
general public want stronger retributive punishment for .
offenders. The reason for this is because they think .
that more serious offenders deserve more severe .
punishment, for example, if an offence is regarded as 50% .
higher than another, then the fine or prison sentence .
should be 50% higher. Overall, the general public just .
want to see that justice is being done.
Considering the sentences passed by judges in criminal .
cases, most judges deny that they sentence as they .
"should." Judges take into consideration the seriousness .
of the crime committed and use their professional .
judgement to determine the severity of the sentence. .
However, in determining the length of a sentence there .
are factors which need to be taken into consideration. .
There are aggravating factors, for example, additional .
violence, weapon used, previous convictions and careful .
planning which can lead to a more severe sentence. The .
fact that careful planning is involved means that there .
is intent, which is a critical element in the evidence .
brought before the court. Questions relating to intent .
are important as they may influence the sentence passed .
by the judge (Waddon, 2002). Also, there are mitigating .
factors, for example, defendant's previous good character .
and a guilty plea which can lead to a less severe .
sentence. However, it would appear that the aggravating .
and mitigating factors are contradictory in a sense, due .
to the fact that co-offenders can be given totally .