Sentencing Flashcards

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1
Q

5 Aims Of Sentencing

A
  1. Deterrence - seeks to put people off committing the crime (individual, make experience so bad they don’t reoffend)
  2. Punishment of the offender - based on idea of punishment, contains elements of revenge
  3. Public protection - protecting the public from dangerous offenders, makes offenders incapable of reoffending
  4. Reparation - compensating victim for harm caused, paying v a sum of money or apologising
  5. Reform and Rehabilitation - aims to stops the behaviour that has led to the crime in the first place
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2
Q

Two Factors

A

Aggravating factors - make a crime more serious and can increase the sentence

Mitigating factors - make a crime less serious and can reduce the sentence

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3
Q

Types of Sentences (4)

A
  1. Mandatory Life Sentence
  2. Discretionary Life Sentence
  3. Suspended Sentence
  4. Fixed Term Sentence
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4
Q

Mandatory Life Sentence

A

-only available for murder
-minimum term is to be served before release on licence
- range from whole life down to 12 years

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5
Q

Discretionary Life Sentence

A

-other serious offences like manslaughter
-judge has discretion for a lesser sentence

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6
Q

Suspended Sentence

A

-up to two years can be given
-only has to be served if offender commits further offences

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7
Q

Fixed Term Sentence

A

-set number of months or years
-released on licence after half served

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8
Q

Community Sentences (5)

A
  1. Unpaid Work
  2. Exclusion Requirements
  3. Curfew Requirements
  4. Programme Requirements
  5. Drug/Alcohol Rehab Requirements
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9
Q

Unpaid Work

A

40 to 300 hours over a year

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10
Q

Exclusion Requirements

A

Not to go to certain places for up to 2 years, stops from reoffending

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11
Q

Curfew Requirements

A

Fixed address 2 to 16 hours a day over a year, tag may be used

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12
Q

Programme Requirements

A

Participate in a programme to do with the sentence

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13
Q

Drug/Alcohol Rehab Requirements

A

Reduce dependency, residential or nonresidential care

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14
Q

Fines

A

Magistrates - unlimited
Crown - unlimited

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15
Q

Conditional Discharge

A

Free to go, no reoffending up to three years, if reoffend then court can impose another sentence on top , first time minor offences, magistrates court

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16
Q

Absolute Discharge

A

No penalty imposed, guilty but morally blameless