AC 2.2

Question 1

Aims of Sentencing ACT

Answer 1

Section 42 Criminal Justice Act 2003

Question 2

Purposes of sentencing

Answer 2

1. retribution
2. deterrence
3. rehabilitation
4. protection
5. reparation

Question 3

Retribution

Answer 3

punishment
aim of sentencing would be to punish the offender

Question 4

Deterrence

Answer 4

discouraging an action or event through instilling doubt or fear of the consequences

Question 5

Rehabilitation

Answer 5

alcohol and drug addicts
schemes and programmes

Question 6

Protection

Answer 6

first priority is to protect the public
choose the sentence which provides the most protection
if offender can no longer live in public they must be taken out of it (prison)

Question 7

Reparation

Answer 7

repairing what has been done to the victim
repay

Question 8

what are the key ideas on which retributive justice is based?

Answer 8

• offender deserves punishment
• provide a compensating measure of justice to someone who has committed a murder
• element of revenge, society and victim avenged for wrong done
• inflict punishment in proportion to the offence
• provide justice for both defendant and victim

Question 9

why do some people think that retributive justice is a good idea?

Answer 9

• defines justice in terms of fairness and proportionality
• provides a compensating measure of justice
• inflicts punishment in proportion to offence

Question 10

which theory is linked to retribution as an aim of punishment?

Answer 10

RIGHT REALISM
it ensures the defendant is being punished to an appropriate level without consideration of the reasoning behind the crime of prevention of future offending

Question 11

what are the main criticisms of retributive justice?

Answer 11

• makes justice into a transaction
• makes it more difficult to consider mitigating factors
• prioritises punishment over treatment
• dehumanises offenders
• there’s another way (restorative justice)

Question 12

what is meant by ‘just desserts’?

Answer 12

defines criminal justice in terms of fairness and proportionality
- suggests criminals should get what they deserve
- compared to crime they committed
- designed to promote equality and fairness of sentencing for imposition of sentence
- principle is that punishment should fit the crime

Question 13

what is meant by proportionality?

Answer 13

the idea that the punishment of a certain crime should be in proportion to the severity of the crime itself

Question 14

what is meant by a tariff system?

Answer 14

when passing a life sentence the judge must specify the minimum term an offender must spend in prison before becoming eligible for parole

Question 15

how can punishment be used to reflect society’s moral outrage?

Answer 15

promotes social justice and combats consequences of crime for society

Question 16

Factors that can influence views on punishment

Answer 16

• the media
• actions of individuals and pressure groups
• social changes
• new ideas in education and politics

Question 17

how does the media influence views on punishment

Answer 17

made the public more aware of crime and promotes campaigns for tougher sentences

Question 18

how has actions of individuals influence views on punishment?

Answer 18

Elizabeth Fry did a huge amount to reform prisons and the objectives of putting people in prison

Question 19

how has social changes influenced views of punishment?

Answer 19

some things which were accepted in past such as domestic abuse are not acceptable any more

Question 20

how has new ideas in education and politics influenced views on punishment?

Answer 20

socialism in 20th century gave greater sympathy to working class. left realism is influenced by socialism and right realism by conservative views.

Question 21

Rehabilitation

Answer 21

based on the belief that individuals who commit crimes should be given the opportunities to change their behaviour and become productive members of society

Question 22

what is the aim of rehabilitation?

Answer 22

forward-looking
hope that the offenders’ behaviour will be altered and they will not reoffend.

Question 23

how does rehabilitation differ from retribution?

Answer 23

retribution focuses on avenging the victim and society through proportional punishment. rehabilitation aims to help the offender by offering a path to a life of conforming.

Question 24

three types of rehabilitation policies

Answer 24

1. education and training programmes
2. anger management
3. drug treatment

Question 25

why do rehabilitation policies require support from professionals?

Answer 25

have to help to deliver the policies in order to provide services that will help the offender

Question 26

what theories does rehabilitation link to?

Answer 26

1. eysenck’s personality theory
2. skinner’s operant learning theory
3. left realism

Question 27

how does rehabilitation link to eysenck?

Answer 27

personality is biologically based and having high neurotic and psychotic traits means more likely to be a criminal

Question 28

how does rehabilitation link to skinner’s operant learning theory?

Answer 28

token economy
-behaviour followed by pleasant consequences is likely to be repeated

Question 29

how does rehabilitation link to left realism?

Answer 29

supporting offenders in society and not just giving up on people