Sentencing Flashcards

1
Q

Sentencing act

A

Sentencing act 2020

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2
Q

Mitigating circumstances

A

Decrease sentence
Remorse, no weapon, first offence, difficult circumstances at home

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3
Q

Aggravating circumstances

A

Increase sentence
Weapon, on bail, discriminatory, in position of trust , reoffending

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4
Q

4 aims

A

Reparation
Deterrence/ reduction
Rehabilitation
Retribution

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5
Q

Reduction

A

Jail fines community service
Used as deterrence to make people fear committing crime
Reduce crime rates
Stop reoffending as is aggravating factor

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6
Q

Rehabilitation

A

Done to help stop defendant from reoffending in future
Reform back in society
Community order, speed awareness
However reoffending rate 59%

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7
Q

Reparation

A

Compensates victim or community for offences
Litter painting
Criminal damages - money to V
Cause amends for harm caused
Stop reoffending

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8
Q

Retribution

A

Imposed with punishment
Takes offender out of general population
Protect public

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9
Q

Types of sentences

A

Custodial
Suspended
Community
Fine
Discharge

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10
Q

Types of discharge

A

Absolute — punishment of court was enough

Conditional - offences free for certain time but if committed sentenced to both

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11
Q

Advantages to discharge

A

Help stop reoffending- second chance
Reduce prision costs
Will not expose to other criminals
Hold them accountable should they commit another offence

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12
Q

Disadvantages to discharge

A

Seen as to light - no a deterrence
No punishment - retribution
No justice for V

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13
Q

Fines advantages

A

Mags can give unlimited
No prision cost
Cheap to administer
Deterrent to some
Money fines can go to charity

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14
Q

Disadvantage fines

A

Unjust - some Stieglitz to repay others easy
Easy to reoffend
Hard to enforce -75 million fines cancelled

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15
Q

Community service

A

Old people home
Litter
Painting

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16
Q

Advantages community

A

Benefit community
Flexible
Repay community
Keep out of prison - cost reoffend

17
Q

Disadvantages of community

A

Less deterrent
Less protection to community
Can’t last forever
Not seen as real punishment

18
Q

Suspended sentence

A

Save money
No re offending
Only given when d would have learned lesson
Dr cox

19
Q

Disadvantage of suspended sentence

A

Only given for less serious crimes
No deterrent
No protection to public

20
Q

Custodial sentence advantages

A

Act as deterrent
Protect public
Remove criminal from general population

21
Q

Disadvantages custodial

A

Not rehabilitating - reoffend, exposure to criminals m

Expensive - 37,000
High suicide rate

22
Q

Cost of prision

A

37,000 per year

23
Q

Reoffend rate

A

59% in 2 years

24
Q

Value of fines cleared

A

75 million cancelled