Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

law paper 1 section a > sentencing > Flashcards

sentencing Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

what act covers sentencing

A

the sentencing act 2020

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

where are the purposes of sentencing set out

A

chapter 1 s57 of the sentencing act 2020

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are the 5 purposes of sentencing

A

the punishment of offenders
reduction of crime
reform and rehabilitation of offender
protection of public
reparations by offender to v

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

what are the penal theory’s

A

they underpin the purpose of sentencing
they justify different sentences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are the 6 main penal theory

A

retribution
reparation
deterrence
rehabilitation
incapacitation
denunciation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what’s different about denunciation

A

it’s not included in same section
found in s66 of sentencing act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

explain the aim of retribution/punishment

A

a form of revenge ‘eye for an eye’
punishment fits the crime
balance the act and sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

explain the aim of deterrence/ reduction of crime

A

discouraging the same offence being committed
individual or general deterrence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

explain the aim of reform/ rehabilitation

A

helping offender with problems to stop reoffending
looking at underlying problem and treating it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

explain the aim of protection of public

A

removing the offender from society to protect society from them
usually through imprisonment (or death penalty)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

explain the aim of reparation

A

a sentence that gives back to v or society
aimed at compensating v

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

explain the aim of denunciation

A

express disapproval
reinforcing moral boundaries
done through an uplifting sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

give an example of a type of retribution/punishment sentence

A

if d kills someone they are given the death sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

give an example of a type of reduction of crime/ deterrence sentence

A

individual-if d spray painted they spend 20 hours cleaning spray paint
general-anti litter signs with warnings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

give an example of a type of reform/rehabilitation sentence

A

if d has a drug problem causing offences treat drug problem to stop offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

give an example of a type of protection of the public sentence

A

if d is a mass murderer put them in prison for life

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

give an example of a type of reparation sentence

A

community service
returning stolen goods/money

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

give an example of a type of denunciation sentence

A

if d commits abh over a racial/sexual/gender ect prejudice increase sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what are the two types of detreance

A

general
individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

what’s individual deterrence

A

aimed at specific offender to stop them from reoffending
shifting from seriousness of crime to likelihood of reoffending

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what’s general deterrence

A

stopping others in society from committing a crime by showing them the consequences
eg by making an example R v whittan football hooligan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

what factors are taken into account when sentencing

A

the offence itself
sentencing guidelines
the offenders backround

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

how is the seriousness of an offence looked at

A

culpability
was it planned, intentional, harm to v/ community

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what do aggravating and mitigating factors apply to

A

offence and offender

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what are aggravating factors

A

factors which make a crime more serious

26
Q

give examples of aggravating factors

A

use of weapon
picking on venerable victim
planning

27
Q

what are mitigating factors

A

factors giving the offender a more lenient sentence

28
Q

give examples of mitigating factors

A

good character
no previous convictions
no planning
age
self defence

29
Q

what can an early guilty plea do for a defendant

A

be a mitigating factor
get up to a third off sentence
show remorse
save court money and time

30
Q

what does a pre-sentence report contain

A

age, background, previous convictions
details and attitudes towards offences
victims view of d
risk of reoffending

31
Q

what is a vps

A

victims personal statement

32
Q

since when could the victim read a vps

A

since dec 2013 the victim could read and impact statement that the judge may take into consideration

33
Q

What are four types of sentences?

A

discharge
Fine
Community
Custodial sentences

34
Q

When a custodial sentence is given

A

If no, other punishment will suffice

35
Q

what are the three types of custodial sentences?

A

Mandatory and discretionray life
fixed term sentences,
suspended sentences

36
Q

for what offence must a mandatory life sentence be given

A

Murder

37
Q

What is the usual starting point for a mandatory life sentence

A

15 years
Another 10 years, if the defendant uses a weapon

38
Q

what will happen to the defendant after they serve their mandatory life sentence or discretionary life sentence

A

They are released on license into the community for the rest of their life

39
Q

for what type of offences is discretionary life given

A

Manslaughter, rape, GBH

40
Q

Who decides whether to get the defendant discretionary life

A

Judge

41
Q

how many years can you get if you’re given discretionary life?

A

Nothing to life

42
Q

what is a fixed term sentence

A

Where the court was set in max length of prison sentence. For example, if sentence for seven years, they will only serve up to 7 years.

43
Q

what happens if the defendant is only sentenced for less than two years?

A

The defendant will spend half of the time in prison and the rest on license

44
Q

What if the defendant is sentenced to more than two years?

A

The defendant will serve up to half of their time in prison and the rest on license

45
Q

what is a suspended sentence

A

Where the defendant doesn’t go to prison straight away, and if they break any terms of their sentence, they will go to prison

46
Q

How long can a sentence be suspended for

A

Two years

47
Q

What is a community sentence

A

Punishment through activities for the community

48
Q

In what act are community sentences introduced

A

criminal justice act, 2003
Sentencing act, 2020

49
Q

When is a community sentence given

A

When the crime is serious enough for more than a fine, but less serious than prison

50
Q

Up to how many hours can you be sentenced to community service?

A

300 hours

51
Q

Along with community service, what else may the defendant be asked to do?

A

Follow a number of requirements

52
Q

when a fine given

A

When the offence is less serious

53
Q

What is taken into consideration when sentencing the defendant with a fine

A

The seriousness of the crime and the amount of money that defendant has

54
Q

How much can a defendant be fined?

A

Unlimited amount within the cap of the offence

55
Q

what is a discharge?

A

Whether the defendant is released from court with no further punishment, but the offence is still put on their criminal record

56
Q

what an absolute discharge

A

When nothing else happens to the defendant in terms of punishment

57
Q

What is a conditional discharge?

A

There are conditions to the defendants discharge, for example, not drinking, and if the defendant breaks these, they could be a sentence

58
Q

What are the two types of police sentences?

A

formal cautions
Conditional cautions

59
Q

what is a formal caution?

A

A warning from the police which is held on record for five years, and if the person commits another act, they could possibly be more trouble

60
Q

what is a conditional caution?

A

A formal caution with conditions attached

law paper 1 section a (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions