Sentencing Flashcards
Under what statute are the purposes of sentencing outlined in?
S.142 Criminal Justice Act 2003
What are the purposes of sentencing?
- Punishment
- Deterrence
- Rehabilitation
- Public Protection
- Reparation
What is punishment?
Taking revenge on behalf of the victim and society
What does s.2(2) of the Criminal Justice Act 1991 say in regard to punishment?
Punishment should reflect the severity of the crime
What is general deterrence?
Putting the public off committing future crimes
What is Individual deterrence?
Putting individuals off re-offending
What is rehabilitation?
Trying to cure criminal behaviour
What is public protection?
Prevents the offender from harming the public through the use of a custodial sentence
What is reparation?
Offenders provide remedies for their victims or the community
What are examples of aggravating factors?
- Vulnerable victim
- previous convictions
- Racially motivated
What are examples of mitigating factors?
- Young defendant
- No previous convictions
- Shows remorse
- Early guilty plea
What does S.152(2) of the Criminal Justice Act 2003 state in regards to custodial sentences?
A custodial sentence is only used if a fine or community sentence cannot be justified
What are advantages of custodial sentences?
- Protects the public
- General deterrence
- Aids rehabilitation
What are disadvantages of custodial sentences?
- re-offending is common
- Exposure to other criminals in prison
- Cost of prison upkeep
What are community sentences?
(Examples)
- Unpaid work
- Drug rehab
- Curfew
What are the advantages of community sentences?
- Benefits the community
- Prevents re-offending
- Makes amends to victims
What are the disadvantages of community sentences?
- Less effective deterrence
- No public confidence
What are the guidelines of fines?
- No maximum fine
- Must take into account the defendants finances
- Must reflect the severity of the crime
What are the advantages of fines?
- Anyone can be fined if appropriate
- Only affects the offender
- Less likely to re-offend
What are the disadvantages of fines?
- Defendant may not be able to afford them
- Inadequate punishment for violent crimes
- 1/3 of fines are not paid and are cancelled
What is an absolute discharge?
The defendant is free to go; they are legally culpable but morally blameless
What is a complete discharge?
No further action is taken unless the defendant re-offends within 3 years
What are the advantages of discharge?
- Still on record despite no action
- Encourages better behaviour
What are the disadvantages of discharge?
- Seen as the easy option
- Unfair on victims
