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LAW- Sentencing > Aims of Sentencing > Flashcards

Aims of Sentencing Flashcards

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1
Q

What are the 5 aims of sentencing?

A
  • the Punishment of offenders
  • the reduction of crime
  • the reform&rehabilitation of offenders
  • the protection of the public
  • making reparation
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2
Q

What theories governs the aim of the sentences

  • punishment
  • reduction of crime
  • reform and rehabilitation
  • protection of the public
  • making reparation
A 
Punishment 
--Retribution+Denunciation 
Reduction of Crime 
--Deterrence (individual& general)
Reform and rehabilitation 
--rehabilitation 
Protection of the Public 
--Incapacitation 
Reparation 
--reparation
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3
Q

What are the 2 suitable punishments of the aim Punishment of offenders?

A
  • tariff sentences

- sentence must be proportionate to the crime

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4
Q

What are the 3 suitable punishments when the aim of the sentence is to Reduce Crime?

A
  • prison sentence
  • heavy fine
  • long sentence as an example to others
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5
Q

What are the 2 suitable punishments when the aim of the sentence is Rehabilitation?

A
  • Individualised sentence

- community order

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6
Q

What are the 3 suitable punishments when the aim of the sentence is Protection of the Public?

A
  • long prison sentences
  • tagging
  • banning orders
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7
Q

What are the 3 suitable punishments when the aim of the sentence is for the offender to make Reparation?

A
  • compensation order
  • unpaid work
  • reparation schemes
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8
Q

What power governs the aims of sentencing for

  • adult offenders
  • youth offenders?
A

Criminal Justice Act 2003

  • s.142
    s. 142A
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9
Q

Who expressed the idea of retribution in the 19th century?

A

Kant

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10
Q

Kant expressed the idea of retribution in the 19th century in his book, what was the name of this book?

A

The Metaphysical Elements of Justice

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11
Q

What is the aim of retribution?

A

To punish the offender for the offence that they have committed and to make sure that the punishment inflicted is in proportion to the offence

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12
Q

What did one judge in America do?

A

allowed victims of a burglary to take items up to the approximate value of those stolen from them

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13
Q

Who sets guidelines for tariff sentences?

A

The Sentencing Council

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14
Q

Since what year had all guidelines included a starting point of sentencing and a range for the offence ?

A

2009

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15
Q

What is the only exception to the courts where they do not have to impose a sentence within the range set by the Sentencing Council?

A

Only where the case before the court does not sufficiently resemble any of the cases in the guidelines

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16
Q

Although the Sentencing Council creates consistency in sentencing, what is a negative of the guidelines ?
(2)

A
  • The guidelines leave very little discretion in sentencing for judges
  • difficult for court to impose sentences aimed at reforming offenders
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17
Q

what is the difference in individual and general deterrence?

A
  • Individual is intended to ensure that the offender does not re-offend
  • general is aimed at preventing other potential offenders from committing crimes
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18
Q

What 3 punishments may be given for an Individual deterrence?

A
  • prison sentence
  • suspended sentence
  • heavy fine
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19
Q

What percentage of
-adults
-youth offenders
reoffend within 2 years of their release from prison?

A
  • 55%

- Over 70%

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20
Q

What is a main critique of the theory of deterrence?

A

Deterrence assumes that an offender will stop to consider the consequences of his action
-most crimes are committed on the spur of the moment by offenders under influence of drugs or alcohol

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21
Q

What has shown to be the most powerful deterrent?

A

fear of detection

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22
Q

How has fear of detection been shown to be a powerful deterrent?

A

by the success rate of closed circuit televisions used for surveying areas

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23
Q

In the scheme, London District Line of the underground system, what percentage in the reduction of crime did this show in the first full year that surveillance cameras were used?

A

83%

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24
Q

What was the London District Line of the underground system scheme?

A

a year of surveillance cameras were used to monitor the reduction in crime in which there was 83%

25
Q

What does general deterrence rely on?

A

publicity

26
Q

Why does general deterrence rely on publicity?

A

so that potential offenders are aware of the level of punishment they can expect

27
Q

What types of crime are deterrence sentences unlikely to be effective against?

A

cases of drug smuggling by foreign nationals

28
Q

What principle is general deterrence is in direct conflict?

A

retribution

29
Q

Why is general deterrence in direct conflict with retribution?

A

since general deterrence involves sentencing an offender to a longer term than is deserved for the specific offence

30
Q

What is the main aim of rehabilitation?

A

to reform the offender and rehabilitate him or her into society

31
Q

What is the hope of rehabilitation?

A

to alter the offenders behaviour by the penalty imposed so that he/she will not offend in the future

32
Q

When did the principle of sentence rehabilitation come to the fore?

A

in the second half of the 20th century

33
Q

What community sentence is used to rehabilitate drug abusers?

A

Drug Rehabilitation Requirements

34
Q

What information is given to the courts to decide on whether to take into consideration the reformation of an offender? (5)

A
  • defendants background
  • pre-sentence report prepared by probation service
  • school reports
  • job prospects
  • medical problems
35
Q

What is individualised sentences with the aim of rehabilitation in direct contrast with?

A

the concept of tariff sentences seen in the aim of retribution

36
Q

What are the 2 main critiques of individualised sentences?

A

1) this leads to inconsistency in sentencing

2) offenders from poor home backgrounds are less likely to be seen as possible candidates for reform

37
Q

What is the theory behind protection of the public?

A

Incapacitation

38
Q

When the Criminal Justice Act 2003 introduced a new provision for the aim of the sentence ‘Protection of the Public’ against serious offences, what did this do?

A

This meant that where the court is of the opinion that there is significant risk to members of the public of serious harm being caused by the defendant in the future then the court must send the defendant to prison

39
Q

What sentence did the Criminal Justice Act 2003 give to courts in the interest of the aim protection of the public?

A

extended sentences against violent and sexual offenders

40
Q

How are the public protected from dangerous drivers?

A

Dangerous drivers are disqualified from driving

41
Q

Which 2 community sentences are used in the interest of the aim of protecting the public?

A
  • exclusion order

- curfew order

42
Q

How does an exclusion order protect the public?

A

This will ban the offender from going to places where he is likely to commit an offence

43
Q

What case was a banning order used?

A

R v Winkler 2004

44
Q

What happened in the case of R v Winkler 2004?

A

the defendant committed an affray in Manchester when attending a football match where Oldham Athletic, his team was playing . He was banned from going to Oldham Athletic town centre on home match days and from approaching within half a mile of any football stadium, both for a period of 6 years

45
Q

How are curfew orders used to protect the public?

A

They can be monitored by electronic tags which trigger an alarm if the offender leaves his home address

46
Q

What is the aim of Reparation?

A

To compensate the victim of the crime

47
Q

How are victims usually compensated when the aim is reparation?

A

The offender is usually forced to pay a sum of money to make restitution

48
Q

how can an offender be made to make restitution

A

by returning stolen property to its rightful owner

49
Q

What are courts today now required to consider in addition to any other penalty they may think appropriate

A

ordering compensation to the victim of a crime

50
Q

What does s.130 of the Powers of Criminal Courts (Sentencing) Act 2000 do in the aim of reparation?

A

instructed that courts are under a duty to give reasons if they do not make a compensation order

51
Q

Why is there a project used so that offenders can make direct reparation ?

A

to bring offenders and victims together

52
Q

What community sentence in particular is used to allow offenders to make reparation to society as a whole?

A

-unpaid work requirements (40-300hrs)

53
Q

What is denunciation?

A

Society expressing its disapproval of criminal activity

54
Q

What did Lord Denning say when giving written evidence to the Royal Commission on Capital Punishment?

A

“Punishment is the way in which society expresses its denunciation of wrong doing”

55
Q

When Lord Denning said “Punishment is the way in which society expresses its denunciation of wrong doing”, who was he giving written evidence to ?

A

to the Royal Commission on Capital Punishment

56
Q

What does denunciation reinforce?

A

moral boundaries of acceptable conduct and can mould society views on the criminality of a particular conduct

57
Q

What is an example of a particular offence which has been denounced?

A

drink driving

58
Q

How has societies opinion of drink driving changed?

3

A
  • heavy fines
  • banning them from driving
  • sending offenders to prison

LAW- Sentencing (9 decks)

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