Sentencing Flashcards
What is sentencing?
Any punishment given to an offender who has been convicted.
5 aims of sentencing
-retribution
-deterrence
-rehabilitation
-protection of the public
-reparation
Retribution
To punish the offender- ‘eye for an eye’ approach
Deterrence
-general + individual
-punishing criminals to deter people from offending thus reducing the number of offences committed
Rehabilitation
Helps offender solve issues behind criminal behaviour to avoid further offences
Protection of the public
Public is protected from dangerous criminals
Reparation
The offender makes amends for their crime-repair the damage they have caused
Mitigating factors
Create a lighter sentence
Aggravating factors
Create a harsher sentence
Age
Aggravating factor: If V is a particularly vulnerable age.
Mitigating factor: If the offender is particularly young
Offending history
Aggravating: If previously convicted
Mitigating: No previous convictions
Use of violence
Aggravating: use of violence/weapons
Mitigating: self-defence
Guilty plea
Aggravating: Pleads not guilty and is found guilty
Mitigating: Gives an early guilty plea
Remorse
Aggravating: no remorse
Mitigating; shows genuine remorse
Types of sentences
Custodial:
-mandatory life sentence
-discretionary life
-fixed term sentence
-suspended sentence
Community orders
Fines
Discharges:
-conditional
-absolute