Sentencing Flashcards
what are the 5 aims of sentencing?
punishment
reduction of crime
protection of the public
rehabilitation
reparation
what is the aim of punishment?
punishing the offender for what they have committed.
prison takes away freedom.
what is the aim of reduction of crime?
individual deterrence - make harsh sentences to put others off (personal deterrent)
general deterrence - make an example of a criminal to deter society
what is the aim of rehabilitation?
jobs within prison, reshape an offender, reduce reoffending
what is the aim of protection of the public?
serious crimes - locking offenders away from society
less serious crimes - exclusions, banning, restraining orders
what is the aim of reparation?
restorative justice
victim - can witness sentence being passed, sees justice
society - can receive community service
what are aggravating and mitigating factors?
aggravating increase a sentence e.g use of a weapon
mitigating reduce a sentence e.g no criminal record
a custodial sentence means…
going to prison
what are the 5 types of custodial sentences?
mandatory life
discretionary life
fixed term
minimum sentence
suspended sentence
what is a mandatory life sentence?
compulsory 25 years
what is a discretionary life sentence?
the judge can choose to give a life sentence of 25 years
what is a fixed term sentence?
the set amount of time you must serve in prison
what is a minimum sentence?
the minimum amount of time you must spend in prison before you are eligible for parole
what is a suspended sentence?
not immediately served, will be issued if another crime is committed within the time frame
what are the the 5 types of non-custodial community sentences?
unpaid work
drug/alcohol treatment
supervision
curfew
fines
what is unpaid work?
voluntary work
“community service”
40-300 hours
what is drug/alcohol treatment?
those with addiction problems are put through a rehabilitation program
what is a curfew?
must be in the house between certain hours
implemented by an ankle tag
what is supervision?
met weekly/monthly by a legal representative for support
what is a fine?
money paid to the crown court for committing an offence.
based on income and severity of crime
what is a discharge?
absolute - arrest you then perform half a trial before letting you go, to scare
conditional - stays on criminal record