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Crim. Year 2 > Ac 2.2 > Flashcards

Ac 2.2 Flashcards

1
Q

What is act sentencing

A

5.57 of the sentencing act 2020

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2
Q

What do courts decide when D is guilty

A

What sentence should be given.

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3
Q

What does each offence have ( sentencing)

A

Has a maximum sentence. And court can impose a sentence up to the maximum

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4
Q

How will court decide the sentence length

A

Decide what they are trying to achieve by the punishment they give

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5
Q

What do a lot people believe about punishment

A

It is an effective way to prevent crime

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6
Q

What are the 5 purposes of sentencing - must regard

A
  • Punishment of offenders
  • reduction of crime
  • reform and rehabilitation of offenders
  • protection of the public
  • reparation by offenders to persons affected by their offences
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7
Q

What do penal theories underpin

A

Purposes of sentencing

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8
Q

What the principle of penal theories

A

Can justify the different sentences that can be handed down by a court

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9
Q

Where are penal theories incorporated

A

In the purposes out in S 57 SA act 2020

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10
Q

What are the 6 penal theories

A

Retribution
Reparation
Deterrence
Rehabilitation
Public protection
Denunciation

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11
Q

What is retribution

A

About revenge,a severe sentence is imposed for a committing a serious offences

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12
Q

Which purpose does retribution underpin

A

1st purpose under s 57 SA 2020 of punishment of offenders

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13
Q

What is proportionally of retribution

A

Punishment should fit the crime, being equal to harm done

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14
Q

What does proportionally lead to ( retribution)

A

To a ‘ tariff’ system or fixed scale of mandatory penalties or different offences

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15
Q

Example of proportionally (retribution)

A

There is a fixed penalty notice and mandatory life sentence for murder

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16
Q

Why do some people argue that murderers should suffer the death penalty

A

As D is taking a life they should get their life taken away, as that is the harm done to the V

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17
Q

How retribution expressing moral outrage

A

Can deter potential offenders but not its purpose. Simply a way for Society to express it moral the justification for punishing crime already committed

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18
Q

Example of expressing moral outrage ( retribution)

A

Hate crimes such as racially aggravated offences carry an ‘ uplift’ or higher sentence. GBH goes up from a max for 5 years to 7 years

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19
Q

What can be argued with retribution ( criticism)

A

That offenders deserve forgiveness, mercy or chance to make amends, not just punishment

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20
Q

If there is a fixed tariff - retribution ( criticisms)

A

If there is a fixed tariff of penalties, punishment has to be inflicted even where no good is going to come from it, example is a remorseful offender .

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21
Q

How do we decide what is proportionate penalty or ‘ just deserts’ for each ( criticisms)

A

People disagree about which crime are more serious than others

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22
Q

What theory links to retribution

A

Right realist of criminality such as rational choice theory

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23
Q

What is the assumption of offenders ( theory link)

A

Offenders are rational actors who consciously choose to commit their crime and are fully responsible for their actions

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24
Q

What links to moral outrage of retribution

A

Expresses the function of boundary maintenance linking to functionalist sociologist like Durkheim

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25
What deterrence
A sentence that discourages others from committing the same or similar offences.
26
What purpose underpin by deterrence
2nd purpose under s.57 SA 2020- reduction of crime
27
What is individual deterrence
Used punishment to deter the individual offender from reoffending ( recidivism)
28
example of individual deterrence
1980's thatcher's gov introduced a tough new stem for juvenile offenders, describe as a 'short, sharp shock' to deter young offenders
29
what is general deterrence
deter society in general from breaking the law. people are aware of what will happen to them and they will not engage in criminal behaviour
30
where is general deterrence shown
in media- if public sees an individual being punished, they will see what they will have to suffer if they commit the same crime
31
example of general deterrence
'making an example' of one person to send message to others, e.g. R v Whitton 1985 life sentences passed on a football hooligan which was later reduced by the court of appeal
32
what is deterrence - severity v certainty
it is important to distinguish between the severity of punishment and the certainty of punishment
33
example of severity v certainty
however severe the punishment might be for a particular offence, if there is very little chance of being caught and convicted, then it will be unlikely to deter would be offenders
34
example of deterrence as a whole
a woman who faked violent threats. she admitted at crown court that she intending to prevent the course of public justice by making false allegations and destroying evidence and was jailed for 37 months- scaring the public to not do that as it has a harsh punishment
35
what is the aim of rehbailation
to help D with their problem and avoid committing further offences
36
what does rehabilitation underpin purposes
3rd under s.57 SA offenders
37
what are the principles of rehabilitation
aims to prevent further crimes by reforming the offenders: by providing education, skills or counselling. offenders can be reintegrated into society
38
examples of rehab
drug addiction- cause offending- treat drug addition- offending stops
39
what is the idea of rehab punishment way
punishment can be used to reform or change offenders so they no longer offend and can go on to live a crime free life
40
what treatment do rehab do
education and training anger management courses drug treatment, treating order programmes support
41
what are education and training programmes
for prisoners so they can avoid unemployment and 'earn an honest living' upon release
42
what are anger management courses
for violent offenders, such as aggression replacement training (ART) and other cognitive behavioural therapy programs
43
what are drug treatment, treating order and programmes
treating alcohol dependence
44
what is support treatment for rehab
offenders often require considerable input of resources and professional support from therapists, probation officers or others to help them achieve change
45
what theories link to rehab
individualistic and sociological
46
how does cognitive theories link to rehab
favours behavioural therapies (CBT) to teach offenders to correct the thinking errors and biases that lead to aggressive or criminal behaviour
47
how does Eysenck's personality theory link to rehab
favours the use of aversion therapy to deter offending behaviour
48
how does Skinner's operant learning theory link to rehab
supports the use of token economies to encourage prisoners to produce more acceptable behaviour
49
how does sociological theories link to rehab
like left realism also favour rehab in that they regard social factors such as unemployment, poverty and poor educational opportunities as causes of crime
50
what do right realists argue about rehab (criticisms)
that rehab doesn't work, as many offenders go on the reoffend even after undergoing programmes aimed at changing their behaviour
51
what does Marxists criticise abt rehab
rehab programmes for shifting the reasonability for offending onto the individual offender's failing, rather than focusing on how capitalism leads people to commit crime
52
what is public protection
ensures that the public is protected from criminal behaviour as D is removed from society
53
what purpose is underpin by public protection
4th purpose under s.57 SA 2020 the protection of the public
54
what is usually use for public protection
through imprisonment(incapacitation) used to be death penalty or shipping D off to australia
55
case example of public protection
Colin Pitchfork
56
what happen in colin pitchfork
he was released and then recalled in 2021, but then granted parole in june but this decision was challenged by minister
57
what is reparation
a sentence where D has to given something to the victim or society.
58
what purpose is underpin by reparation
5th purpose SA 2020 making of reparation by offenders to people affected by their offences
59
what is the aim for reparation
at compensating V by ordering D to pay money to V or to return stolen property. sentencing of supervised unpaid unpaid work as part part of a community order is also seen as reparation
60
case example of reparation
Hayling island
61
what happen on hayling island
criminal have been clearing rubbish from south-coast beauty spots instead of going to prison. litter was removed from beach as part of a nation scheme which sees offenders avoiding jail sentences by repaying communities for the harm they caused
62
what denunciation
express disapproval of criminal activity, making they doing something embarrassing
63
what purpose does denunciation underpin
doesnt not in the s.57 SA2020. in the crime and disorder act 1998 and s.66 SA2020
64
what does crime and disorder act 1998 and s.66 of SA act allow
allows prosecutors to apply for an uplift in sentence for the convicted of a hate crime. where prosecutors evidence that offences either demonstrates or have been motivated by hostility towards the protected characteristics

Crim. Year 2 (11 decks)

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