Chapter 22- Sentencing

Question 1

what is sentencing

Answer 1

refers to the term imprisonment or probation imposed on a convict.

Question 2

What are the types of sentencing for adult offenders

Answer 2

-Community
-custodial
-fines
-discharges

Question 3

What are the 4 types of custodial sentencing and their definitions

Answer 3

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

Question 4

mention requirements done in community orders for adult offenders

Answer 4

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• a prohibited activity requirement
• a mental health rehab
• a curfew
• a residence requirement
• an unpaid work requirement

Question 5

what must the judge take into account when issuing a fine

Answer 5

-their Assets and income

Question 6

describe custodial discharge

Answer 6

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.

Question 7

mention factors that affect adult sentencing

Answer 7

-Medical reports
-pre sentence reports
-aggravating factors
-mitigation factors
-offenders background

Question 8

state 1 role of the sentencing council

Answer 8

They develop sentencing guidelines and monitor them

Question 9

Mention 3 aggravating factors that make the offence more serious

Answer 9

-any racial or religious hostility that played a role
-if pleaded not guilty
-if offender was on bail

Question 10

mention 4 mitigation factors that could affect a sentence

Answer 10

-No previous conviction
-showing remorse
-pleaded guilty
-taking a minor role in the offence

Question 11

what are the fractions of reduction of the sentence during different stages of the proceedings

Answer 11

first reasonable opportunity- 1/3
after trial is set- 1/4
at the door of court-1/10

Question 12

what are the types of young offenders sentencing

Answer 12

-Custodial
-community
-parental responsibility

Question 13

what falls under custodial sentences for young offenders

Answer 13

-detention under his majesty’s pleasure
-detention for serious crimes
-Young offender institutions
-detention and training orders

Question 14

which act is involved in detention and training orders

Answer 14

-The crime and Disorders Act 1998

Question 15

What does the act for detention and training orders ensure

Answer 15

-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

Question 16

what are the community orders for young offenders

Answer 16

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• curfew
• electronic monitoring
• attending a centre requirement
• mental health rehab
• a residence requirement
• an education rehab

Question 17

What is parental responsibility

Answer 17

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

Question 18

list 3 conditions of the young offender which could have contributed to the offence

Answer 18

-abandonment, abuse
-loss
-suffered any trauma

Question 19

mention 6 factors that could affect sentencing for youth offenders

Answer 19

-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

Question 20

__________ Act created one community order under which the court can combine any requirements it thinks are necessary

Answer 20

The criminal Justice Act

Question 21

What are the aims that have been set for adult offenders

Answer 21

• punishment (retribution)
• protection of the public
• Reducing crime
• reform and rehabs
• Reparation
• deterrence

Question 22

what are Tariff sentences

Answer 22

These are sentences that require the offender to pay a certain tax

Question 23

What are the 3 deterrence in reducing crime and define them

Answer 23

-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

Question 24

should the offender serve all sentence years or be released early on license

Answer 24

-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

Question 25

what does it mean to make a reparation

Answer 25

When the offender owes a sum of money to the victim(s)

Question 26

what are the aims of young offenders sentencing

Answer 26

-protection of public
-punishment
-reform and rehab
-deterrence

Question 27

suggest why do young offenders receive a shorter sentence than adults even if its the same offence

Answer 27

This is due to the lack of maturity and the fact that they are less deserving. of blame since they mainly act impulsively.

Question 28

give 2 weakness for adult offender sentences

Answer 28

• 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

Question 29

give 3 weaknesses for young offenders

Answer 29

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.

Question 30

break down the ages of young offenders for detention

Answer 30

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