Aims of sentencing Flashcards
What states that the aims of sentencing must be considered in sentencing?
S.142 Criminal Justice Act 2003
S.142 Criminal Justice Act 2003
Aims of sentencing must be considered in sentencing
When will the aims of sentencing not be considered?
- offender is aged under 18 at the time of conviction
- the offence has a fixed sentence
Punishment
- Justifiable aim of sentencing. Shows the criminal that their crime is unacceptable to society
- Form of societal revenge
- Sentencing guidelines produced by the Sentencing Council include a minimum sentence, which can be adjusted according to mitigating and aggravating factors, upholding this aim and allowing for consistency
What ideas does deterrence rely on?
- Criminals stop and think before they choose to commit a crime
- Criminals believe that every time they commit a crime they will be punished
- Justifiable aim of sentencing. Shows the criminal that their crime is unacceptable to society
- Form of societal revenge
- Sentencing guidelines produced by the Sentencing Council include a minimum sentence, which can be adjusted according to mitigating and aggravating factors, upholding this aim and allowing for consistency
Punishment
Why can deterrence be ineffective?
- Crime detection rates are low
- Most murder and manslaughter cases are committed under the influence of intoxicating substances
- The fear of punishment is secondary to the fear of being caught
- Beliefs of the offender and the gains from crime can be more of a motivation than fear of reprisal
- 45% of offenders with a custodial sentence reoffend within 1 year of release
What percentage of offenders with a custodial sentence reoffend within 1 year of release?
45%
Reparations
- Restorative justice. Repairs the damage that they have inflicted
- Powers of Criminal Court Act 2000- courts are under a duty to consider making a compensation order as part of every sentence and give a reason if one is not imposed
- Restorative justice. Repairs the damage that they have inflicted
- Powers of Criminal Court Act 2000- courts are under a duty to consider making a compensation order as part of every sentence and give a reason if one is not imposed
Reparations
What states that courts are under a duty to consider making a compensation order as a part of every sentence and give a reason if one is not imposed?
Powers of Criminal Court Act 2000
What Act upholds the aim of reparations?
Powers of Criminal Court Act 2000
What does the Powers of Criminal Court Act 2000 state?
Courts are under a duty to consider making a compensation order as a part of every sentence and give a reason if one is not imposed
What are the aims of sentencing?
- Punishment
- Reparations
- Protection of the public
- Deterrence
- Reform and rehabilitation
Protection of the public
- Custodial sentences are the main way of protecting the public. LASPO 2012- compulsory Extended Determinate Sentence and mandatory life sentence if the D has committed a serious violent/sexual crime for a second time, or murder.
- If the offender is deemed to be too dangerous to be released from the prison, they will impose a whole life order
What is the main way of protecting the public?
Custodial sentences
How did LASPO 2012 uphold the aim of protection of the public?
Introduced compulsory Extended Determinate Sentence and mandatory life sentence
When will someone receive an Extended Determinate Sentence or mandatory life?
If the D has committed a serious violent/sexual crime for a second time, or murder
When an offender is deemed to dangerous to be released, what will be imposed?
A whole life order
Reform and rehabilitation
- helps the offender to reintegrate into a law-abiding society
- achieved through community orders or rehab course
- helps the offender to reintegrate into a law-abiding society
- achieved through community orders or rehab course
Reform and rehabilitation
Disadvantages of rehabilitation
- No consistency with individualised sentences
- less effective with repeat offenders
