sentencing Flashcards
what are the aims of sentencing?
- punishment (retribution)
- reduction of crime (deterrence)
- reform and rehabilitation
- protection of the public
- reparation
what is retribution/punishment?
imposing a punishment because the defendant deserves it.
what is deterrence?
giving a punishment aimed at putting off the defendant from re-offending because of fear of punishment.
individual: prison sentence or heavy fine
general: custodial sentence
what is reform/rehabilitation?
trying to alter defendants behaviour so they will conform to community norms and not offend in the future.
what is protection from the public?
protecting the public by giving life imprisonments or long term imprisonments
what is reparation?
where an offender compensates the victim or society for the offending behaviour.
what powers do the crown court have when deciding on a sentence?
unlimited powers.
can pass a custodial sentence up to the maximum for that particular offence.
what powers do the crown court have when passing fines?
unlimited powers up to the maximum for that offence.
what are the types of custodial sentence?
- mandatory life sentence
- fixed term sentences
- suspended sentences
what is a mandatory life sentence?
used for murder when can only impose a life sentence but allows the judge to impose a minimum number of years’ imprisonment.
what is a fixed term sentence?
imprisonment for a set number of months or years.
what is a suspended sentence?
sentence does not take effect immediately. if the offender does not commit any offence in a set amount of time, the prison sentence will not be served.
what factors can determine a sentence?
aggravating and mitigating factors
what are aggravating factors?
factors which make an offence more serious. more likely to increase the sentence
eg. previous conviction
what are mitigating factors
factors which decrease a sentence
eg. remorse
