Chpt 12 : Sentencing Flashcards
Name all theories for sentencing
retribution
denunciation
incapacitation
deterrence
rehabilitation
reparation
Name all backward looking theories
retribution, denunciation
Name all forward looking theories
incapacitation
deterrence
rehabilitation
reparation
What is the aim of retribution
punishment
What is the aim of denunciation
Society expresses its disapproval; reinforces moral boundaries
What is the aim of incapacitation
Offender is incapable of committing crime; society is protected
What is the aim of deterrence
Individual – offender is deterred through fear of imprisonment.
General – potential offenders warned as there is a likely punishment
What is the aim of rehabilitation
Reform offender’s behaviour
What is the aim of reparation
Repayment/reparation to victim or community
Describe offence category 1
Greater harm, higher culpability
e.g. GBH, murder
Describe offence category 2
Greater harm, lower culpability or lower harm, greater culpability
e.g. ABH
Describe offence category 3
Less harm, lower culpability
e.g. assault, battery
How is culpability decided?
aggravating and mitigating factors
What is the starting point for a category 1 offense?
1yr, 6 months custody
What is the starting point for a category 2 offense?
26 weeks custody
What is the starting point for a category 3 offense?
medium level community
What is the starting range for a category 1 offense?
1-3 yrs custody
What is the starting range for a category 2 offense?
low level community , 51 weeks custody
What is the starting range for a category 3 offense?
B and A high level community order
What is the reoffending rate for adult offenders?
55% repeat in 2 yrs. custodial sentence: 70% repeat in 2 yrs
In what legal act is sentencing discussed?
CJA 2003
What are the fine levels for summary offenses in the magistrates court?
level 1: £200
level 2: £500
level 3: £1000
level 4: £2500
What are the three types of custodial sentences?
mandatory and discretionary life sentence
fixed term sentences
suspended sentences
What is a discretionary life sentence?
for other serious offences where such as s.18 GBH where the
maximum is life sentence, but the judge has a discretion and can give lesser sentences.
What is a fixed term sentence?
the judge set the number of years to be served depending on
the severity of the offence, the offender’s behaviour before and after the crime. Offenders under this
sentence only must serve half their sentence and usually for people 21 years and above.
What is a suspended sentence?
sentence does not take effect immediately upon the condition
the offender the offender does not commit any crimes within the suspended time and in the county
court it is up to 2 years and in the magistrate court up to 6months suspended.
Under what act is the community order sentence?
s.178 CJA 2003
Describe aggravating factors in sentencing?
factors that make the crime more serious under s.143 CJA 2003 based on harm done, culpability and whether it was reasonably foreseeable
Name aggravating factors
-Previous convictions
-If the defendant was on bail when the crime occurred
-Racial or religious hostility involved in the offence.
-Hostility to disability or sexual orientation being involved.
What are mitigating factors?
factors which allows the court to give a lesser punishment than would normally be given
Name mitigating factors
-Where the offender co-operates with the police
-mental illness of the defendant
-physical illness
-signs of genuine remorse
-no previous convictions
