Criminal Courts- Aims of Sentencing Flashcards
1
Q
What should the Courts consider when Sentencing?
A
- Retribution- punishment of offenders
- Denunciation- punishment of offenders
- Incapacitation- reduction of crime
- Deterrence- reduction of crime
- Reform and Rehabilitation of offenders
2
Q
What are Tariff Sentences?
A
- Based on idea that each offence should have a certain level of tariff and level of sentencing
- Guidelines set out by the Sentencing Council
- Lower sentence than set out shouldn’t be given
3
Q
What is Retribution?
A
- based on idea of punishment
- Has no aim to reduce future crime or alter defendant’s behaviour
- sentence should be proportional to offence.
4
Q
What is Denunciation?
A
- When society condemns certain types of conduct
- Sentences may be increased where society becomes less tolerant of certain offences and expresses its disapproval of the criminal activity
- Reinforces moral boundaries or acceptable conduct
- Example: drink driving is now morally unacceptable, The Road Safety Act 2006- created new offence of causing death by careless driving.
5
Q
What is Incapacitation?
A
- Designed to protect public by rendering criminal incapable of offending
- Includes punishments such as: curfew, tag, driving ban, e.t.c
6
Q
What is Deterrence?
A
- General Deterrence- stop others from committing that type of crime and reduce future crime levels.
- Individual Deterrence- stop individual from committing any future crime, inhibit offender through fear of punishment.
7
Q
What is Reform and Rehabilitation of Offenders?
A
- Defendant reformed and rehabilitated back into society.
- Aim to enable defendant to see error of their ways, e.g. through education or instruction
- Very important factor when sentencing, especially with regards to young people
8
Q
What are some of the additional aims of sentencing and considerations?
A
- Protection of public- safeguard public from dangerous criminals or stop behaviour that’ll harm public
- Reparation- compensate victim
- Consistency- Sentencing Council for England and Wales, Sentencing Guidelines.
9
Q
What are the four main types of sentencing for adults?
A
- Custodial sentences
- Community orders
- Fines
- Discharge
10
Q
What are Custodial Sentences?
A
- Most serious punishment a court can impose
- Range from weeks to life
- Only used for serious offences
11
Q
What are the four types of Custodial Sentences?
A
- Mandatory life- only available sentence for murder that a judge can pass, defendant must serve full time.
- Discretionary life- serious offences, e.g. manslaughter and robbery. Max sentence- life. Particular term of sentence given at discretion of judge.
- Fixed term- length of sentence depended on what max is available for that crime, as well as seriousness and defendant’s past record. Half served in prison and half on licensed supervision.
- Suspended prison- up to 2 years (6 months in Magistrates’ Court) Those aged 21 and over. Any further offence and suspense is ‘activated’ additional sentence for new offence.
12
Q
What are Community Orders?
A
- Available for anyone older than 16.
- Criminal Justice Act 2003- created one community order under which court can combine any requirements they think necessary.
13
Q
What are the four types of Community Orders?
A
- Unpaid work requirement- 40-300 hour. Can be a community project, organised by probation officer. Hours fixed by courts during sentencing.
- Prohibited activity requirement- can include prevention of another crime. Can include restrictions from areas to visit, to wearing a ‘hoodie’
- Curfew requirement- order to remain at fixed address. Between 2 and 16 hours in 24 hour period, last up to 6 months and can be enforced by an electronic tag.
- Supervision requirement- undertaken by probation officer, last up to 3 years. Must attend appointments with probation officer- if not can be re-sentenced.
14
Q
What are Fines?
A
- Offender usually has to pay set rate each week
- Most common way of disposing of a case in Magistrates’ Court.
- Crown Court doesn’t issue many fines.
15
Q
What are the two types of discharges?
A
- Conditional- basis that no further offences will be committed during a set period- up to 3 years. When punishment isn’t necessary. If defendant re-offends, new sentence issued to replace discharge.
- Absolute- no penalty imposed, defendant technically guilty but morally blameless, e.g. Somebody from another country smoking in an English Bar, technically illegal however they are unaware.
