#Exam 1- Sentencing Flashcards
What are the 6 purposes of sentencing
Retribution Deterrence Rehabilitation Protection of the public Reparation Denunciation
What is the aim of retribution
Punishment imposed for the offence committed
What is the aim of deterrence
The offender is deterred from committing another crime as well as society is deterred from committing that crime
What is the aim of rehabilitation
Reform someone’s behaviour
What is the aim of protecting the public
Offender is Incapable of committing further offences
Society is protected
What is the aim of reparation
Repayment to victim or community
What is the aim of denunciation
Society reinforcing its moral boundaries
What is a suitable punishment for retribution
Sentence proportionate to the crime ( tariff sentences )
What is a suitable punishment for deterrence
Long sentence as an example to others
Heavy fines
What is a suitable punishment for rehabilitation
Individualised sentence as well as community order
What is a suitable punishment for protection of the public
Long prison sentences
Tagging
Banning orders
What is a suitable punishment for reparation
Compensation order
Unpaid work
What is a suitable punishment for denunciation
Reflects blameworthiness for an offence
What are mitigating factors affecting sentencing
Mental illness of defendant
Physical illness
No prior convictions
Evidence of genuine remorse
Evidence of aggravating factors
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
Does a guilty plea reduce sentence
Yes
What are aggravating factors
Ones which make it more likely for a higher sentence
What are mitigating factors
Factors which reduce the sentence
What do reports do In court
Influence a sentence, this state a defendants illness and what punishment may be appropriate
What are the types of sentences for adult offenders
Custodial
Community orders
Fines
Discharges
What are the custodial sentences
Mandatory life
Discretionary life
Fixed term
Suspended sentence
What is a mandatory life sentence
Judge decides minimum amount of years D has to serve, it can range from full life to 12 years
What will make a murder have the sentence of life in prison
Child abduction
Sexual motive with a child
A murder for a political, racial or ideological reason
What must be considered when deciding the sentence
Mitigating and aggravating factors
What governs sentencing terms
Criminal justice act 2003
What is a discretionary life sentence
A life sentence which can be given at judges discretion, it is for crimes such as GBH
What is a fixed term sentence
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
What is an indeterminate sentence
No fixed length of time they must serve maximum amount of time before being considered for parole
What is an extended sentence
When D is guilty for a sexual or violent offence, judge can decide length of sentence depending on danger to public
What is the minimum sentence for murder
15 years
What is the minimum sentence for arson and fraud
10 years
What is a suspended sentence
time is given outside of prison where if they commit any petty crime they are sent straight to prison
What are the types of Community orders
Unpaid work
Prohibited activity requirement
curfew requirement
supervision requirement
who can community orders be given too
Anyone over 16
What is unpaid work
anything between 40 and 300 hours, it is at magistrates discretion and will depend on local requirements what the work is
what is prohibited activity requirement
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
what is curfew requirement
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.
what is a supervision requirement
where the defendant is placed under the supervision of a prohibition officer
what are fines
when the defendant is ordered to pay a certain amount, usually a set rate each week
what is a discharge
either conditional or absolute discharge
what is a conditional discharge
when no punishment is given however they must not re-offend within three years
what is an absolute discharge
when there is absolutely no punishment when someone is guilty but morally blameless.
what are other court powers
disqualification from driving
compensation order
forfeiture
what are penal policy effects
prison population
reoffending
women
how has penal policies effected prison population
1951- 50 of 100,000 were in prison. now this is 136
UK has largest prison population in Europe
CJA tried avoiding custodial sentences
how has penal policies effected reoffending
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
how many men and women are in prison
82,000 men
4,000 women
why can prison be seen to be damaging for women
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
