Aims of Sentencing

Question 1

What are the 5 aims of sentencing?

Answer 1

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

Question 2

What theories governs the aim of the sentences

• punishment
• reduction of crime
• reform and rehabilitation
• protection of the public
• making reparation

Answer 2

Punishment 
--Retribution+Denunciation 
Reduction of Crime 
--Deterrence (individual& general)
Reform and rehabilitation 
--rehabilitation 
Protection of the Public 
--Incapacitation 
Reparation 
--reparation

Question 3

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

Answer 3

• tariff sentences

- sentence must be proportionate to the crime

Question 4

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

Answer 4

• prison sentence
• heavy fine
• long sentence as an example to others

Question 5

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

Answer 5

• Individualised sentence

- community order

Question 6

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

Answer 6

• long prison sentences
• tagging
• banning orders

Question 7

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

Answer 7

• compensation order
• unpaid work
• reparation schemes

Question 8

What power governs the aims of sentencing for

• adult offenders
• youth offenders?

Answer 8

Criminal Justice Act 2003

• s.142
  s. 142A

Question 9

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

Answer 9

Kant

Question 10

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

Answer 10

The Metaphysical Elements of Justice

Question 11

What is the aim of retribution?

Answer 11

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

Question 12

What did one judge in America do?

Answer 12

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

Question 13

Who sets guidelines for tariff sentences?

Answer 13

The Sentencing Council

Question 14

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

Answer 14

2009

Question 15

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?

Answer 15

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

Question 16

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

Answer 16

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

Question 17

what is the difference in individual and general deterrence?

Answer 17

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

Question 18

What 3 punishments may be given for an Individual deterrence?

Answer 18

• prison sentence
• suspended sentence
• heavy fine

Question 19

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

Answer 19

• 55%

- Over 70%

Question 20

What is a main critique of the theory of deterrence?

Answer 20

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

Question 21

What has shown to be the most powerful deterrent?

Answer 21

fear of detection

Question 22

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

Answer 22

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

Question 23

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?

Answer 23

83%

Question 24

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

Answer 24

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

Question 25

What does general deterrence rely on?

Answer 25

publicity

Question 26

Why does general deterrence rely on publicity?

Answer 26

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

Question 27

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

Answer 27

cases of drug smuggling by foreign nationals

Question 28

What principle is general deterrence is in direct conflict?

Answer 28

retribution

Question 29

Why is general deterrence in direct conflict with retribution?

Answer 29

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

Question 30

What is the main aim of rehabilitation?

Answer 30

to reform the offender and rehabilitate him or her into society

Question 31

What is the hope of rehabilitation?

Answer 31

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

Question 32

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

Answer 32

in the second half of the 20th century

Question 33

What community sentence is used to rehabilitate drug abusers?

Answer 33

Drug Rehabilitation Requirements

Question 34

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

Answer 34

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

Question 35

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

Answer 35

the concept of tariff sentences seen in the aim of retribution

Question 36

What are the 2 main critiques of individualised sentences?

Answer 36

1) this leads to inconsistency in sentencing | 2) offenders from poor home backgrounds are less likely to be seen as possible candidates for reform

Question 37

What is the theory behind protection of the public?

Answer 37

Incapacitation

Question 38

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?

Answer 38

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

Question 39

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

Answer 39

extended sentences against violent and sexual offenders

Question 40

How are the public protected from dangerous drivers?

Answer 40

Dangerous drivers are disqualified from driving

Question 41

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

Answer 41

- exclusion order | - curfew order

Question 42

How does an exclusion order protect the public?

Answer 42

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

Question 43

What case was a banning order used?

Answer 43

R v Winkler 2004

Question 44

What happened in the case of R v Winkler 2004?

Answer 44

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

Question 45

How are curfew orders used to protect the public?

Answer 45

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

Question 46

What is the aim of Reparation?

Answer 46

To compensate the victim of the crime

Question 47

How are victims usually compensated when the aim is reparation?

Answer 47

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

Question 48

how can an offender be made to make restitution

Answer 48

by returning stolen property to its rightful owner

Question 49

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

Answer 49

ordering compensation to the victim of a crime

Question 50

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

Answer 50

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

Question 51

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

Answer 51

to bring offenders and victims together

Question 52

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

Answer 52

-unpaid work requirements (40-300hrs)

Question 53

What is denunciation?

Answer 53

Society expressing its disapproval of criminal activity

Question 54

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

Answer 54

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

Question 55

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

Answer 55

to the Royal Commission on Capital Punishment

Question 56

What does denunciation reinforce?

Answer 56

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

Question 57

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

Answer 57

drink driving

Question 58

How has societies opinion of drink driving changed? | 3

Answer 58

- heavy fines - banning them from driving - sending offenders to prison