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Law- Paper 1 section A > Sentencing > Flashcards

Sentencing Flashcards

1
Q

What are aims of sentencing

A

They are what effect the magistrates and juries choice

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2
Q

What act are the aims of sentencing set out in

A

Sentencing act 2020

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3
Q

What are the 5 aims of sentencing

A

Deterrence, Punishment of the offender, Public protection, Reparations and Rehabilitation

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4
Q

What is the definition of deterrence

A

Put people off of committing the crime

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5
Q

What are the 2 types of deterrence

A

Individual and general

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6
Q

What is individual deterrence

A

Aims to make the
experience of
punishment so
unpleasant that the
individual will not
re-offend

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7
Q

What is general deterrence

A

Aims to discourage
others from committing that type of offence

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8
Q

What is punishment of the offender

A

Punishment should reflect the severity of the crime

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9
Q

What does punishment of the offender not do

A

Seek to change their future behaviour

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10
Q

What is public protection

A

Protects the public from dangerous offenders by making them incapable of reoffending

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11
Q

What are reparations

A

Compensating the victim for the harm caused

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12
Q

How may a person be given reparations

A

Money, returning property, community work…

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13
Q

What is rehabilitation

A

Aims to reform the offender and ‘cure’ the criminal behaviour

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14
Q

How can you rehabilitate

A

Rehabilitate him into society, Trying to stop the behaviour that caused the crime in the first place, Reduce the likelihood of future re-offending, Particularly important for young offenders, Individualised sentences

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15
Q

What can be the problem with rehabilitation

A

It can lead to inconsistencies in sentencing

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16
Q

What is the definition of aggravating factors

A

Factors that make a crime more serious and can increase the sentence

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17
Q

What are some examples of aggravating

A

Vulnerable victim, use of a weapon, racially motivated, serious injury, premeditated, breach of a position of trust, committed by a gang and committed whilst on bail

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18
Q

What is the definition of mitigating factors

A

Factors that can reduce the sentence

19
Q

What are some examples of mitigating factors

A

Young defendant, no previous convictions, shows remorse, early guilty plea, D has a mental illness, minor injury and was in self defence

20
Q

What are the main 4 categories of sentences

A

Custodial, community, fines and discharges

21
Q

What is a custodial sentence

A

Time in prison

22
Q

What are the 4 custodial sentences

A

Mandatory, discretionary, fixed term and suspended

23
Q

What is a mandatory life sentence

A

A life sentence has to be given for murder

24
Q

What is a discretionary life sentence

A

A judge can give any sentence up until life as he sees git

25
Q

What is a fixed term sentence

A

They are given set months/ years that they have to serve and are then get released after half of their time

26
Q

What happens after a fixed term sentence

A

Are given over 12 months on community service

27
Q

What is a suspended sentence

A

Doesn’t take place now but if you reoffend you will be tried for both instances

28
Q

What are the different community services

A

Unpaid work, exclusion, curfew, programmes and rehab

29
Q

What is unpaid work

A

Defendant must work between 40 and 300 hours over 12 months on a suitable project with no pay

30
Q

What is exclusion

A

Cannot go near a person or place where they have offended or caused harm too

31
Q

How log does exclusion typically last

A

2 years

32
Q

What is a curfew

A

Restricted or limited to a time out and you are usually allowed around 2 and 16 hours out a day

33
Q

How long does a curfew usually last

A

Around 12 months

34
Q

What are programmes

A

Target the offending behaviour such as anger

35
Q

What is rehabilitation

A

Help those that struggle with substance abuse

36
Q

What are the 2 types of discharges

A

Conditional and absolute

37
Q

What is a conditional discharge

A

Their D can leave on the grounds that they will not reoffend again

38
Q

If your on a conditional discharge what happens if you offend within 3 years

A

You will be tried for both offences

39
Q

What is an absolute discharge

A

No penalty imposed as technically guilty but not morally wrong

40
Q

What are 3 other powers by the court

A

Compensation orders, disqualification from driving and forfeiture order

41
Q

What is disqualification from driving

A

Cannot drive for a specific period of time

41
Q

What are compensation orders

A

Pay money to the victim for personal injury, loss and damage

42
Q

What is forfeiture

A

If not paid for it will be taken away

Law- Paper 1 section A (9 decks)

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