law- sentencing

Question 1

aims of sentencing

Answer 1

-they need to punish offenders ( retribution)
-they need to reduce the crime rate ( deterrence)
-they need to reform offenders ( rehabilitation)
- they need to protect the public ( incapacitation)
- they need to compensate both the victim and the society ( reparation)
- society expressing its disapproval ( denunciation)

Question 2

Retribution/ punishment

Answer 2

it is based on the idea of punishment
if D committed an offence so deserved to be punished for it and his punishment should fit the crime.
it does not seek to reduce the crime rate.

Question 3

tariff sentences

Answer 3

category 1: greater harm meaning serious injury must normally be present.
category 2: lesser harm but higher culpability.
category 3: lesser harm and lower culpability.

Question 4

starting pint and category range for sentencing

Answer 4

starting point: category 1: 1 year 6 months custody
category 2: 26 weeks custody
category 3: medium level community order.
category range:
category 1: 1-3 years custody
category 2: low level community order 51 weeks custody
category 3: band A- high level community order.

Question 5

Deterrence

Answer 5

it is aimed to reduce the crime rate through the fear of punishment.
2 types: general and individual
putting potential offenders off committing a crime and defendants off reoffending through the fear of punishment.

Question 6

General deterrence

Answer 6

stop others offending by showing how severe the consequences might be in the hope that no one else commits the crime.
cctv: harsh sentences for drug smugglers.
problems: it is in direct conflict with retribution meaning sentencing for longer than deserved.

Question 7

Individual deterrence

Answer 7

stopping D from committing any further future offences.
cctv: prison sentencing
heavy fines
naming of child sex
offenders.
problems: does not deter 55% of the adult reoffend within 2 years
assuming that offenders may think about the consequences of actions.

Question 8

Rehabilitation/ reform

Answer 8

it is aimed at changing the behaviour of the offender so he can be reintegrated back into society.
have penalty in place for not reoffending
it is also aimed to lower the crime rate.

Question 9

Rehabilitation

Answer 9

example of sentences: anger management
drug rehabilitation
alcohol rehabilitation
how it is determined: individual basis depending on D’s specific needs at the time.
who is it aimed at: young offenders but can apply to adults as well.
problems: direct contrast to tariff sentences in retributation.

Question 10

Incapacitation

Answer 10

it is that people need to be protected by offenders.
the criminal justice at 2003 states that there is a significant danger to the public from D’s in the future so meaning that the court should sent the offender to the prison to protect the public.

Question 11

How does the sentencing actually protect the public?
when must the courts give a life imprisonment sentence?

Answer 11

Taking the offender somewhere far away or out of society where they are more likely to re offend.
for crime such as murder or sexual offences.

Question 12

Reparation

Answer 12

it is aimed at compensating the victim of the crime by usually by ordering the offender to pay some money or to make resititution.
courts are prepared to consider compensation in addition to any other penalty they think is appropriate.

Question 13

Denunciation

Answer 13

society expressing its disapproval of criminal activity. it is generally carried out by the media name and shaming offenders.
it reinforces societal moral boundaries.

Question 14

Aggravating factors

Answer 14

Aggravating factors may increase a sentence.
it can lead to harsh punishment during trial.
A common Af is a prior record of similar convictions.
An example is the cunningham case.

Question 15

Mitigating Factors

Answer 15

mitigating factors may decrease a sentence.
it can lead to support and decrease the punishment for their offence.
common mitigating factors are minor roles in offense and culpability of the victim.

Question 16

Guilty pleas

Answer 16

where a defendant pleads guilty there can be reduction in the sentence given.
it is reduced if they plead guilty because it avoids the need for a trial, saves considerable costs and saves victims from having to give evidence.

Question 17

Adult sentencing

Answer 17

wider range of sentences available to them for adult offences under the following 4 categories.

Question 18

custodial sentences

Answer 18

Mandatory life sentences: sentences only imposed for a charge of murder and the judge must state the minimum number of the years for example 30 years or whole life.
Home detention curfew: the crime and disorder act 1998 allows early release from jail for curfew imposed as an electronic tag.
Extended sentences: the court given the power to pass extended sentences for the sexual offences.
Suspended sentences: they are released from prison for their good behaviour for some time.

Question 19

community

Answer 19

the D is given a community order to do community services.

Question 20

fines

Answer 20

fines given by the magistrates court.
The minimum for an individual is £5000 and for business is
£20,000.
the magistrates court asks for this much fine because they consider it as a less serious offence.

Question 21

Discharges

Answer 21

the D is convicted of an offence but the court thinks that a punishment is unnecessary.
there are 2 types: conditional and absolute.
the conditional is where D is convicted but discharges him on a condition that no further offence is committed during a set period of up to 3 years.
Absolute: D is convicted but no penalty is imposed at all. this is likely to be used where a defendant is technically guilty but not blameworthy.