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Law > Sentencing > Flashcards

Sentencing Flashcards

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1
Q

what are the 5 aims of sentencing?

A

punishment
reduction of crime
protection of the public
rehabilitation
reparation

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2
Q

what is the aim of punishment?

A

punishing the offender for what they have committed.
prison takes away freedom.

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3
Q

what is the aim of reduction of crime?

A

individual deterrence - make harsh sentences to put others off (personal deterrent)
general deterrence - make an example of a criminal to deter society

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4
Q

what is the aim of rehabilitation?

A

jobs within prison, reshape an offender, reduce reoffending

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5
Q

what is the aim of protection of the public?

A

serious crimes - locking offenders away from society
less serious crimes - exclusions, banning, restraining orders

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6
Q

what is the aim of reparation?

A

restorative justice
victim - can witness sentence being passed, sees justice
society - can receive community service

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7
Q

what are aggravating and mitigating factors?

A

aggravating increase a sentence e.g use of a weapon
mitigating reduce a sentence e.g no criminal record

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8
Q

a custodial sentence means…

A

going to prison

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9
Q

what are the 5 types of custodial sentences?

A

mandatory life
discretionary life
fixed term
minimum sentence
suspended sentence

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10
Q

what is a mandatory life sentence?

A

compulsory 25 years

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11
Q

what is a discretionary life sentence?

A

the judge can choose to give a life sentence of 25 years

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12
Q

what is a fixed term sentence?

A

the set amount of time you must serve in prison

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13
Q

what is a minimum sentence?

A

the minimum amount of time you must spend in prison before you are eligible for parole

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14
Q

what is a suspended sentence?

A

not immediately served, will be issued if another crime is committed within the time frame

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15
Q

what are the the 5 types of non-custodial community sentences?

A

unpaid work
drug/alcohol treatment
supervision
curfew
fines

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16
Q

what is unpaid work?

A

voluntary work
“community service”
40-300 hours

17
Q

what is drug/alcohol treatment?

A

those with addiction problems are put through a rehabilitation program

18
Q

what is a curfew?

A

must be in the house between certain hours
implemented by an ankle tag

19
Q

what is supervision?

A

met weekly/monthly by a legal representative for support

20
Q

what is a fine?

A

money paid to the crown court for committing an offence.
based on income and severity of crime

21
Q

what is a discharge?

A

absolute - arrest you then perform half a trial before letting you go, to scare
conditional - stays on criminal record

Law (50 decks)

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