AC 2.2 Flashcards
what will be taken into consideration when someone is being sentenced?
- Previous convictions
-Background
-Risk to public
-Benefits of the punishment
-Seriousness of offence
-Age
what is the sentencing council?
give sentencing guidelines that the judges and magistrates must follow when giving the offender their sentence
what’s the advantage of the sentencing council?
transparency and consistency throughout the country
the sentence given in Leeds will be the same as the one given in London
what are the key aims of sentencing?
retribution/ punishment
reparation/ restation
rehabilitation/ reform
deterrence
denunciation
public protection/ incapacitation
what is the purpose of sentencing?
punishment of the offender
reduction of crime
freedom and rehabilitation of the offender
public protection
reparations from the offender to the victim
what are the key points of retribution?
- 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
what does Kant say about retribution?
punishment should not be a means to an end, but an end itself
what does Durkheim say about retribution?
-its an expressive view on punishment
- express society’s outrage and disapproval
-boundary maintenance
what are some criticisms of retribution?
- ‘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?
what is Von Hirsch’s just desert theory?
- 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
what is rehabilitation?
helping the offender to become re-intergraded back into society by helping them change their behaviour
what are the key aims of rehabilitation?
-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
what is the rehabilitation of offenders act 1974?
-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
what is divert? (rehabilitation)
an organisation that helps offenders up to the age if 25 find jobs and help them become functioning members of society
what are the advantages of divert?
- 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
evaluation of cost with rehab
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
what is the effectiveness of rehab?
- can work if you deal with the problems you have to
- doesn’t always work-Jon Venables, Ian Thompson
what are the views of the public when it comes to rehab?
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
what is deterrence?
when you try to put someone off of offending due to the punishment they will face
what is a general deterrence?
- a way to prevent future offenders
what does Beccaria say about general deterrence?
offending is a rational choice, punishment should be limited to what will prevent crime
what is an individual deterrence?
stops the offender from re-offending
e.g. suspended sentence
what is the evaluation of deterrence?
-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
what is public protection?
-keeping society safe
-prison or death
- keep them away from the temptation of committing crime
what is incapacitation?
-punishment that protects society
-victims are being protected
What is the evaluation of public protection?
- protects public
- doesn’t allow for rehabilitation
- expensive
- impact that miscarriages of justice can have- Derick Bentley
what is reparation?
repairing the damage that has been done by the defendant
what can reparations include?
-paying a sum of money
-cleaning up and area
- community payback scheme
what is the evaluation of reparation?
- compensates the victims
-allows restorative justice
