*AC 2.2 Flashcards
What are the functions of sentencing according to section 42 of the Criminal Justice Act 2003?
- Punishment of the offender
- Reduction of crime
- Reform and rehabilitation of the offender
- Protection of the public
- Making of reparations by offenders to persons affected by their offences
What is the main idea behind retribution in punishment?
The offender deserves punishment and it contains an element of revenge.
True or False: Retribution seeks to alter future behavior of the offender.
False
What must a court follow according to the Coroner’s and Justice Act 2009?
Guidelines unless it conflicts with justice.
What was the focus of punishment in the 19th century according to Garland?
Public protection and retributive justice.
What significant change occurred in the 20th century regarding punishment?
A shift towards rehabilitation and reform.
What does Newburn state about imprisonment rates between the 1970s and 2014?
The number of imprisonments doubled.
Define ‘penal welfarism’ as described by Garland.
A practice where the Criminal Justice System tried to catch, punish, and rehabilitate offenders.
What has the state abandoned according to the text?
‘Penal welfarism’.
What is the concept of ‘just desserts’ in relation to retribution?
A backwards-looking punishment linked to the idea of retribution.
What does proportionality in punishment refer to?
The idea that the punishment should fit the crime.
Fill in the blank: Hate crimes can carry an ‘______’ or higher tariff sentence.
uplift
What is the maximum penalty for GBH, and how can it be increased?
5 years in prison, increased to 7 years if racially motivated.
What is penal populism?
Relates to longer sentences for crimes often driven by political decisions.
What is the aim of rehabilitation?
To reform offenders and reintroduce them into society.
List some rehabilitation policies.
- Education and training programmes
- Anger management courses
- Drug treatment and testing orders
- Support: counselling
According to right realists, what is the success rate of rehabilitation?
Limited success as offenders often reoffend.
What does the theory of deterrent assume?
- Crimes occur as a result of free will
- Offenders consider the consequences
- Offenders consider the likelihood of being caught
- Criminals see the punishment as undesirable
What is one example of a deterrent in the Criminal Justice System?
Longer sentences for certain crimes.
According to the Bromley Briefings, what percentage of adults are reconvicted within one year of release?
46%.
What is the significance of severity versus certainty in punishment?
Both the severity of punishment and the certainty of conviction are important in deterring crime.
What does the Crime Act 1997 introduce for repeat offenders?
Mandatory minimum jail sentences.
What is one useful purpose of the prison system?
To protect society from dangerous criminals.
What approach does reparation favor?
A victim-centered approach.
What does restorative justice allow victims to do?
Explain the impact of the crime on them to the offender.
What is denunciation in the context of punishment?
Reinforces moral and ethical codes or boundary maintenance.
