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#Law crime and legal s > #Exam 1- Sentencing > Flashcards

#Exam 1- Sentencing Flashcards

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1
Q

What are the 6 purposes of sentencing

A 
Retribution 
Deterrence 
Rehabilitation 
Protection of the public 
Reparation
Denunciation
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2
Q

What is the aim of retribution

A

Punishment imposed for the offence committed

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3
Q

What is the aim of deterrence

A

The offender is deterred from committing another crime as well as society is deterred from committing that crime

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4
Q

What is the aim of rehabilitation

A

Reform someone’s behaviour

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5
Q

What is the aim of protecting the public

A

Offender is Incapable of committing further offences

Society is protected

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6
Q

What is the aim of reparation

A

Repayment to victim or community

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7
Q

What is the aim of denunciation

A

Society reinforcing its moral boundaries

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8
Q

What is a suitable punishment for retribution

A

Sentence proportionate to the crime ( tariff sentences )

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9
Q

What is a suitable punishment for deterrence

A

Long sentence as an example to others

Heavy fines

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10
Q

What is a suitable punishment for rehabilitation

A

Individualised sentence as well as community order

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11
Q

What is a suitable punishment for protection of the public

A

Long prison sentences
Tagging
Banning orders

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12
Q

What is a suitable punishment for reparation

A

Compensation order

Unpaid work

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13
Q

What is a suitable punishment for denunciation

A

Reflects blameworthiness for an offence

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14
Q

What are mitigating factors affecting sentencing

A

Mental illness of defendant
Physical illness
No prior convictions
Evidence of genuine remorse

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15
Q

Evidence of aggravating factors

A

Previous convictions of a similar nature
D was on bail when offence was committed
Racial hostility
Religious hostility
Hostility to homosexuals and people with disabilities

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16
Q

Does a guilty plea reduce sentence

A

Yes

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17
Q

What are aggravating factors

A

Ones which make it more likely for a higher sentence

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18
Q

What are mitigating factors

A

Factors which reduce the sentence

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19
Q

What do reports do In court

A

Influence a sentence, this state a defendants illness and what punishment may be appropriate

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20
Q

What are the types of sentences for adult offenders

A

Custodial
Community orders
Fines
Discharges

21
Q

What are the custodial sentences

A

Mandatory life
Discretionary life
Fixed term
Suspended sentence

22
Q

What is a mandatory life sentence

A

Judge decides minimum amount of years D has to serve, it can range from full life to 12 years

23
Q

What will make a murder have the sentence of life in prison

A

Child abduction
Sexual motive with a child
A murder for a political, racial or ideological reason

24
Q

What must be considered when deciding the sentence

A

Mitigating and aggravating factors

25
Q

What governs sentencing terms

A

Criminal justice act 2003

26
Q

What is a discretionary life sentence

A

A life sentence which can be given at judges discretion, it is for crimes such as GBH

27
Q

What is a fixed term sentence

A

Length depends on certain factors , it is dependant on nature of crime and what the maximum sentence is for that crime. D has ability to be released after half of sentence

28
Q

What is an indeterminate sentence

A

No fixed length of time they must serve maximum amount of time before being considered for parole

29
Q

What is an extended sentence

A

When D is guilty for a sexual or violent offence, judge can decide length of sentence depending on danger to public

30
Q

What is the minimum sentence for murder

A

15 years

31
Q

What is the minimum sentence for arson and fraud

A

10 years

32
Q

What is a suspended sentence

A

time is given outside of prison where if they commit any petty crime they are sent straight to prison

33
Q

What are the types of Community orders

A

Unpaid work
Prohibited activity requirement
curfew requirement
supervision requirement

34
Q

who can community orders be given too

A

Anyone over 16

35
Q

What is unpaid work

A

anything between 40 and 300 hours, it is at magistrates discretion and will depend on local requirements what the work is

36
Q

what is prohibited activity requirement

A

Stops defendant doing certain things, or going certain places ie in 2006 a defendant was banned from carrying ink, dye or marker pens as he was a graffiti artist

37
Q

what is curfew requirement

A

when someone is electronically tagged so that they can’t leave the house at certain times, can be between 2-16 hours. can last up for 6 months.

38
Q

what is a supervision requirement

A

where the defendant is placed under the supervision of a prohibition officer

39
Q

what are fines

A

when the defendant is ordered to pay a certain amount, usually a set rate each week

40
Q

what is a discharge

A

either conditional or absolute discharge

41
Q

what is a conditional discharge

A

when no punishment is given however they must not re-offend within three years

42
Q

what is an absolute discharge

A

when there is absolutely no punishment when someone is guilty but morally blameless.

43
Q

what are other court powers

A

disqualification from driving
compensation order
forfeiture

44
Q

what are penal policy effects

A

prison population
reoffending
women

45
Q

how has penal policies effected prison population

A

1951- 50 of 100,000 were in prison. now this is 136
UK has largest prison population in Europe
CJA tried avoiding custodial sentences

46
Q

how has penal policies effected reoffending

A

44.75 of those who go to prison re offend within one year of release
those with longer then a 12 month sentence are 32% likely to reoffend

47
Q

how many men and women are in prison

A

82,000 men

4,000 women

48
Q

why can prison be seen to be damaging for women

A

most have experienced domestic or sexual abuse
damaging - 70 % have mental health issues
damaging to families- 17,000 children a year separated from mothers
Ineffective - 65 % reoffend

#Law crime and legal s (23 decks)

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