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A-LEVEL LAW > SENTENCING > Flashcards

SENTENCING Flashcards

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1
Q

What is absolute discharge? (1)

A

no penalty is imposed

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2
Q

what are the types of discharges? (2)

A

-conditional
-complete/absolute

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3
Q

what are some requirements for community orders? (6)

A

-unpaid work
-a prohibited activity
-a programme (probation)
-curfew
-exclusion
-residence

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4
Q

what is meant by reparation? (1)

A

where an offender compensates the victim or society for the offending behaviour.

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5
Q

what is an exclusion order? (1)

A

bans offenders from going to places where they are most likely to commit an offence.

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6
Q

what act created community orders? (1)

A

criminal justice act 2003

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7
Q

what happens if an offender commits a crime during an suspended sentence? (1)

A

prison sentence is reactivated and the sentence will be served for suspended and recent crime.

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8
Q

what is a conditional discharge? (1)

A

the court discharges offender on the condition that no further offence is committed during a set period of time (up to 3 years)

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9
Q

when is a fixed term sentence ordered? (2)

A

for other crimes - length of sentence depends on factors including maximum sentence available for particular crime and defendants previous record.
do not serve entire sentence (automatically released after half)

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10
Q

what is meant by an unpaid work requirement? (1)

A

between 40hr to 300hr directed by probation service.

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11
Q

what are custodial sentences? (1)

A

most serious punishment that a court can impose.

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12
Q

when are discretionary sentences ordered? (1)

A

other serious offences under s18 of the offences against persons act 1861

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13
Q

what are the biggest fines given in crown court usually regarding? (1)

A

usually for businesses for breaches of health and safety laws.

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14
Q

what is a suspended sentence? (2)

A

an adult offender is given one of up to 2 years, sentence is not effective immediately

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15
Q

when are mandatory sentences ordered? (2)

A

for murder - the only sentence a judge can impose for this act.
-judge must state the minimum number of years of imprisonment that offender must serve before being released.

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16
Q

what are the types of custodial sentences? (4)

A

-mandatory life sentences
-discretionary life sentences
-fixed term sentences
-suspended sentences

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17
Q

MANDATORY LIFE SENTENCE
What is the minimum before an offender can be released? (1)

A

12 years

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18
Q

how would an offender repay society? (1)

A

can be mainly in the use of an unpaid work requirement where offenders are required to do so many hours work on a community protect.

19
Q

what is meant by curfew? (1)

A

orders offenders to remain at home for certain times of the day or night and is usually monitored by an ankle tag.

20
Q

what is meant by denunciation? (1)

A

expressing societies disapproval of an offenders behaviour (drunk driving)

21
Q

what is rehabilitate? (1)

A

trying to alter offenders behaviour so that they will confirm to community norms and not offend in the future.

22
Q

how does a court decide whether an offender should be reformed? (1)

A

court will look at offenders background (through pre-sentence report prepared by the probation service)

23
Q

what is general deterrence? (1)

A

value of this is doubtful as potential offenders are rarely deterred.

24
Q

what is an example of general deterrence? (1)

A

rioting in the summer of 2011 - many offenders were given custodial sentences for minor thefts.

25
Q

what is meant by reformation? (1)

A

trying to reform the offenders so that they will not offend in future

26
Q

what is meant by deterrence? (1)

A

giving a punishment aimed at putting off the defendant from re-forming because of the fer of punishment or preventing other potential offenders from committing similar crimes.

27
Q

what is individual deterrence? (3)

A

include a prison sentence, a suspended sentence and heavy fine.

28
Q

council guidelines - starting point
what are the categories in step 2? (3)

A

category 1 - 1 year 6 months custody
category 2 - 26 weeks custody
category 3 - medium community order

29
Q

is prison effective? (1)

A

prison does not seem to deter as 55% of adults reoffend within 2 years
-70% of young offenders reoffend within 2 years

30
Q

council guidelines - category range.
what are the categories in step 2? (3)

A

category 1 - 1-3 years custody
category 2 - low level community order
category 3 - A high level community order

31
Q

what is meant by retribution? (1)

A

imposing a punishment because the offender deserves punishment.

32
Q

what is step 1 of sentencing council guidelines? (1)

A

determine the offence category.

33
Q

council guidelines
what are the categories in step 1? (3)

A

category 1 - greater harm and higher culpability
category 2 - greater harm and lower culpability
category 3 - lesser harm harm and lower culpability

34
Q

what is step 2 of sentencing council guidelines? (1)

A

the starting point and category range.

35
Q

what are tariff sentences? (1)

A

each offence has a guideline

36
Q

what act sets out the purpose of sentencing? (1)

A

s142 of the criminal justice act 2003

37
Q

what does retribution aim to do? (1)

A

retribution aims to show repulsion to the crime

38
Q

what is the main idea of retribution? (2)

A

-it looks at actual behaviour of offender and offence
-punishment is based on what justice demands

39
Q

what act sets out the guidelines for sentencing? (1)

A

criminal justice act 2003

40
Q

what are the purposes of sentencing? (5)

A

the court must have regard to:
-the punishment of offenders
-the reduction of crime including deterrence
-the reform and rehabilitation of offenders
-protection of public
-the making of reparation by offenders to persons affected by offence

41
Q

what is a case that shows the use of retribution? (1)

A

r v blake (1962)

42
Q

how are offenders sentenced in terms of public safety? (2)

A

for safety of the public, life imprisonment or a long term of imprisonment are given to those who commit murder or other serious sexual offences under criminal justice act 2003

43
Q

where is reformation used? (1)

A

in the sentencing of young offenders but can sometimes be used for adults

A-LEVEL LAW (40 decks)

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