AC 2.2

Question 1

what will be taken into consideration when someone is being sentenced?

Answer 1

• Previous convictions
  -Background
  -Risk to public
  -Benefits of the punishment
  -Seriousness of offence
  -Age

Question 2

what is the sentencing council?

Answer 2

give sentencing guidelines that the judges and magistrates must follow when giving the offender their sentence

Question 3

what’s the advantage of the sentencing council?

Answer 3

transparency and consistency throughout the country
the sentence given in Leeds will be the same as the one given in London

Question 4

what are the key aims of sentencing?

Answer 4

retribution/ punishment
reparation/ restation
rehabilitation/ reform
deterrence
denunciation
public protection/ incapacitation

Question 5

what is the purpose of sentencing?

Answer 5

punishment of the offender
reduction of crime
freedom and rehabilitation of the offender
public protection
reparations from the offender to the victim

Question 6

what are the key points of retribution?

Answer 6

• the offender gets the punishment they deserve
• punishment should be proportionate to the harm caused
• should be a consequence because that is what’s deserved

Question 7

what does Kant say about retribution?

Answer 7

punishment should not be a means to an end, but an end itself

Question 8

what does Durkheim say about retribution?

Answer 8

-its an expressive view on punishment
- express society’s outrage and disapproval
-boundary maintenance

Question 9

what are some criticisms of retribution?

Answer 9

• ‘an eye for an eye’ - how can killing someone prove to society that killing is wrong
• Derick Bentley- due process means that miscarriages of justice can happen
  -narrow approach to punishment
• doesn’t help with reoffending in the future- Jon Venables
  -who is really to blame?

Question 10

what is Von Hirsch’s just desert theory?

Answer 10

• core punishment is the expression of blame
• address the victim has been wronged by the offender
• the sentence served proves that the offence is wrong
• by serving the sentence the offender shows that they accept society’s values of right and wrong
• there should be a tariff of punishments relating to the ranking of offences

Question 11

what is rehabilitation?

Answer 11

helping the offender to become re-intergraded back into society by helping them change their behaviour

Question 12

what are the key aims of rehabilitation?

Answer 12

-Helps break the cycle and avoid further offences happening
-The brain stops developing at 25 so rehabilitation is needed
-Reintroducing people into society
-Assumes free will and rational choice
-Place value on social and cultural aspects of offending
-Can be seen in community sentences and public orders e.g. drug and alcohol treatment

Question 13

what is the rehabilitation of offenders act 1974?

Answer 13

-Gives people with spent convictions and cautions the right to not disclose them when applying for most jobs, and buying insurance
-Apart from those given sentences of more than 4 years, most people with convictions will benefit from it at some point in their lives

Question 14

what is divert? (rehabilitation)

Answer 14

an organisation that helps offenders up to the age if 25 find jobs and help them become functioning members of society

Question 15

what are the advantages of divert?

Answer 15

• helps younger people understand they have transferable skill that can be used for different jobs
  -helps people reform and change the way they think before they start to reoffend

Question 16

evaluation of cost with rehab

Answer 16

Cost-short term
-Can be expensive
-You need to employ people to

Cost- long term
-Can be worth it if done correctly as you would not need to pay the court costs, the prison cost and the solicitor cost if you not to use rehabilitation
-You can get the money back if it is reducing the reoffending figures

Question 17

what is the effectiveness of rehab?

Answer 17

• can work if you deal with the problems you have to
• doesn’t always work-Jon Venables, Ian Thompson

Question 18

what are the views of the public when it comes to rehab?

Answer 18

Isn’t a popular thing as the public and the media want crime control and to keep people in prison for as long as they need to

Question 19

what is deterrence?

Answer 19

when you try to put someone off of offending due to the punishment they will face

Question 20

what is a general deterrence?

Answer 20

• a way to prevent future offenders

Question 21

what does Beccaria say about general deterrence?

Answer 21

offending is a rational choice, punishment should be limited to what will prevent crime

Question 22

what is an individual deterrence?

Answer 22

stops the offender from re-offending
e.g. suspended sentence

Question 23

what is the evaluation of deterrence?

Answer 23

-how much of a punishment stops reoffending
- excessive punishments can be used
- is it fair to use someone as the example of why you shouldn’t commit crimes
- does this work?
-is it morally right

Question 24

what is public protection?

Answer 24

-keeping society safe
-prison or death
- keep them away from the temptation of committing crime

Question 25

what is incapacitation?

Answer 25

-punishment that protects society
-victims are being protected

Question 26

What is the evaluation of public protection?

Answer 26

• protects public
• doesn’t allow for rehabilitation
• expensive
• impact that miscarriages of justice can have- Derick Bentley

Question 27

what is reparation?

Answer 27

repairing the damage that has been done by the defendant

Question 28

what can reparations include?

Answer 28

-paying a sum of money
-cleaning up and area
- community payback scheme

Question 29

what is the evaluation of reparation?

Answer 29

• compensates the victims
  -allows restorative justice