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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
What is a fixed term sentence
They are given set months/ years that they have to serve and are then get released after half of their time
26
What happens after a fixed term sentence
Are given over 12 months on community service
27
What is a suspended sentence
Doesn't take place now but if you reoffend you will be tried for both instances
28
What are the different community services
Unpaid work, exclusion, curfew, programmes and rehab
29
What is unpaid work
Defendant must work between 40 and 300 hours over 12 months on a suitable project with no pay
30
What is exclusion
Cannot go near a person or place where they have offended or caused harm too
31
How log does exclusion typically last
2 years
32
What is a curfew
Restricted or limited to a time out and you are usually allowed around 2 and 16 hours out a day
33
How long does a curfew usually last
Around 12 months
34
What are programmes
Target the offending behaviour such as anger
35
What is rehabilitation
Help those that struggle with substance abuse
36
What are the 2 types of discharges
Conditional and absolute
37
What is a conditional discharge
Their D can leave on the grounds that they will not reoffend again
38
If your on a conditional discharge what happens if you offend within 3 years
You will be tried for both offences
39
What is an absolute discharge
No penalty imposed as technically guilty but not morally wrong
40
What are 3 other powers by the court
Compensation orders, disqualification from driving and forfeiture order
41
What is disqualification from driving
Cannot drive for a specific period of time
41
What are compensation orders
Pay money to the victim for personal injury, loss and damage
42
What is forfeiture
If not paid for it will be taken away

Law- Paper 1 section A (9 decks)

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