Criminal Process: Theories and Objectives of Sentencing Flashcards
According to the Criminal Justice Act 2003, what are the principles of sentencing? (5)
- Punishment of offenders
- Reduction of crime (including reduction by deterrence)
- Reform and rehabilitation of offenders
- Protection of the public
- Reparation by offenders to persons affected by their offence(s)
What is the main issue regarding the punishment of offenders?
- The punishment must be proportionate to the crime
What is the term for the punishment of the offender on behalf of the victim and society?
- Retribution
What is the basis of the argument for retaining the death penalty?
- The Biblical principle ‘an eye for an eye’
For many sentences, the tariffs are fixed in order to what?
- Provide consistent sentencing
In America, some states have fixed tariffs for each crime. What is the issue with this?
- The judge has no discretion which may lead to injustice as the judge cannot consider mitigating factors or circumstances of the individual offender
Why are fines a particular area of concern?
- Unfair. a £1000 fine to someone on a very low income is extremely punitive but to a high earner it may have very little, if any, effect
What is the main problem with deterrence?
- Effectiveness
What are the two effects that deterrence is designed to have? Explain both
- Individual deterrence - to stop the offender committing any further crime
- General deterrence - to prevent others committing the same crime
What does the weakening of the deterrent effect depend on?
- How many times the offender is punished in a particular way
What do the courts impose in order to increase the deterrent effect? Example?
- Exemplary sentences
- Lord Ahmed (labour peer) was sentenced to 12 weeks in prison for using his phone while driving
What is the aim of rehabilitation?
- To reform offenders so they are less likely to commit offences in the future
How much success have rehabilitation programmes in prison had?
- Very little
What is required of prisoners in order to rehabilitate them?
- Undertaking a variety of programmes to address their offending behaviour
What problem (in terms of rehabilitation) arises once prisoners are released?
- Many have no job, money or prospects and so reoffend
The Court can give sentences that incorporate some form of rehab (e.g drugs). What problem arises here?
- Could lead to inconsistent sentencing, with an offender who is seen as likely to reform being given a treatment order and another simply being sent to prison
How is public protection from offenders usually provided?
- Through incarceration
What’s the issue with incarceration?
- Very expensive (37k p/a)
Through what other means are the public protected from offenders? (4)
- Curfew
- Electronic tag
- Exclusion orders
- Driving bans
What is reparation also known as?
- Restorative Justice
What’s reparation about?
- The offender trying to repair some of the damage to the victim and society
Restorative Justice allows for the victim and offender to meet face to face. How successful has this been? With whom in particular?
- Somewhat
- Young offenders (where it is mostly used)
What does restorative justice depend on? Explain
- The crime itself
- An offender can paint a wall he graffitied but a rapist can’t exactly make amends
What does denunciation do? (2)
- Allows society to show its disapproval of the offender’s behaviour
- Provides moral boundaries within society and can shape views of the general public
What is an example of successful denunciation? How has it been successful?
- Drink driving campaigns
- Society now views drink driving in a much more negative light and severe sentences are given to those who do drink and drive
