Chapter 22- Sentencing Flashcards
what is sentencing
refers to the term imprisonment or probation imposed on a convict.
What are the types of sentencing for adult offenders
-Community
-custodial
-fines
-discharges
What are the 4 types of custodial sentencing and their definitions
1-Mandatory life sentence-
these are imposed by judges on crimes like murder
2-discretionary life sentence-
a judge has discretion on the sentence and does not have to give the maximum years
3- fixed term-
The maximum length of the sentence will again be set by statute
4-Suspended prison sentences -
offender will only serve the custodial period if there’s a breach of the terms of suspension
mention requirements done in community orders for adult offenders
> >
- a prohibited activity requirement
- a mental health rehab
- a curfew
- a residence requirement
- an unpaid work requirement
what must the judge take into account when issuing a fine
-their Assets and income
describe custodial discharge
This is when an offender is released due to the punishment not being too serious however this is in condition the Crime is not repeated again during a set period of 3 years.
mention factors that affect adult sentencing
-Medical reports
-pre sentence reports
-aggravating factors
-mitigation factors
-offenders background
state 1 role of the sentencing council
They develop sentencing guidelines and monitor them
Mention 3 aggravating factors that make the offence more serious
-any racial or religious hostility that played a role
-if pleaded not guilty
-if offender was on bail
mention 4 mitigation factors that could affect a sentence
-No previous conviction
-showing remorse
-pleaded guilty
-taking a minor role in the offence
what are the fractions of reduction of the sentence during different stages of the proceedings
first reasonable opportunity- 1/3
after trial is set- 1/4
at the door of court-1/10
what are the types of young offenders sentencing
-Custodial
-community
-parental responsibility
what falls under custodial sentences for young offenders
-detention under his majesty’s pleasure
-detention for serious crimes
-Young offender institutions
-detention and training orders
which act is involved in detention and training orders
-The crime and Disorders Act 1998
What does the act for detention and training orders ensure
-a sentence is imposed for either 4 months or 24 months.
-the first half is in custodial sentence while the 2nd half is in community
these are for ages 12-21 depending on whether they reoffend or their crimes would be done by an adult
what are the community orders for young offenders
> >
- curfew
- electronic monitoring
- attending a centre requirement
- mental health rehab
- a residence requirement
- an education rehab
What is parental responsibility
This is when the parent agrees to keep their child under control for a set period of time. If another offence is committed during this, the parent will have to forfeit a sum of money
list 3 conditions of the young offender which could have contributed to the offence
-abandonment, abuse
-loss
-suffered any trauma
mention 6 factors that could affect sentencing for youth offenders
-seriousness of the offence
-the Childs mental state
-any previous record
-their family circumstances
-whether they have admitted to the crime
-the age of the offender
__________ Act created one community order under which the court can combine any requirements it thinks are necessary
The criminal Justice Act
What are the aims that have been set for adult offenders
- punishment (retribution)
- protection of the public
- Reducing crime
- reform and rehabs
- Reparation
- deterrence
what are Tariff sentences
These are sentences that require the offender to pay a certain tax
What are the 3 deterrence in reducing crime and define them
-individual deterrence
» this is discouraging the individual from committing the crime
-General deterrence
»this is discouraging potential offenders from offending
-Educative deterrence
»sending a message to those in society who are likely to offend, to abide more morally
should the offender serve all sentence years or be released early on license
-if the crime (murder e.t.c.) is very serious, then they will be given a life imprisonment. However if the imprisoned offender is no longer considered a danger to society, they may be considered for release
what does it mean to make a reparation
When the offender owes a sum of money to the victim(s)
what are the aims of young offenders sentencing
-protection of public
-punishment
-reform and rehab
-deterrence
suggest why do young offenders receive a shorter sentence than adults even if its the same offence
This is due to the lack of maturity and the fact that they are less deserving. of blame since they mainly act impulsively.
give 2 weakness for adult offender sentences
- break down of family relationships
- expensive
- prisoners often released in debt, homeless or jobless
- unsafe conditions for inmates during imprisonment
- short term sentences are ineffective
give 3 weaknesses for young offenders
Detention- levels of violence in youth detention classes may increase. custodial sentences are not effective in reducing re-offendings. 2/3 reoffend within one year of being released from custody.
community order-requires time effort and support by professionals
Parental responsibility- requires parents Full support.
break down the ages of young offenders for detention
15 - 20 years: minimum 21 days in detention
12 - 21 years OR u15 years but persistent offender: detention and training orders
10 - 13 years old : max sentence of 14 years for detention for serious crimes
10 - 17 years old: detention under his majesty pleasure
