punishment and harm revision Flashcards
what act emphasis individual freedom
Article 5 of the European convention on Human rights Act (ECHR)
What act provides reasons as to why we sentence offenders? And 3 ways it states we punish them
Sentencing Act 1957 s.57
-Punishing an offender
-Reform and rehabilitation of an offender
-Reduction of crime.
What article provides statistics for 33% of juveniles re offending and 29% of adults reoffending
The House of Lords library
What act emphasises aggravating factors in punishment? And 3 examples of aggravating factors
Sentencing Act 2020 s 64-72
-Hostility offences on people protected under the Equality Act 2010
-Offences committed whilst on bail
-Previous convictions
What is the non consequtionalist theory and its entailments and who is behind it.
Focus on inherent morality and justice on the act rather than the outcome of punishment as emphasised by the consequentionalist theory and.
Theory was developed by Immanuel Kant in the metaphysics of morals
-Punishment should align with the severity of the crime committed
-Everyone and only those guilty of crime deserve punishment
Statistics sourced by Gok UK justice data 23/24
185 prisoner on prisoner offences every 1000 prisoners
733 self harm incidents per person
Statistics sourced by House of Lords library
33% of adults convicted reoffend
29% of juveniles convicted re offend.
Consequentionalist theory entailments and cons
- Deterrent
- Rehabilitation
Cons:
Assumes rationality
Statistics show its failure
Offenders must be aware of punishment