Sentencing Flashcards
What are the different aims of sentencing?
Retribution
Deterrence
Rehabilitation
Public protection
Reparation
What is retribution?
The idea that criminals should be punished because they deserve it, with the punishment matching the seriousness of the crime.
What is deterrence?
The idea that punishments prevent people from committing crimes.
What are the 2 types of deterrence?
Specific deterrence and general deterrence.
What is specific deterrence?
Aiming to prevent the offender from committing future crimes by punishing them.
What is general deterrence?
The possibility that people will be deterred from committing crimes due to the fear of punishment.
What is a criticism of deterrence?
It doesn’t work if the offender thinks he won’t be caught or if he doesn’t think about the consequences.
What is rehabilitation?
Trying to reform the offender so they don’t commit crimes in the future.
What are different ways of rehabilitating the offender?
Education, training and therapy.
Why is rehabilitation difficult to achieve?
Lack of resources
Resistance to change
What is public protection?
Keeping society safe by preventing the offender from harming the public.
What is reparation?
The idea that offenders should make amends for the harm they’ve caused.
What are examples of reparation?
Compensation
Community service
What are the 2 sentencing factors?
Aggravating and mitigating factors.
What do aggravating factors make a judge more likely to do?
Pass a harsher sentence.
What do aggravating factors include?
Previous convictions
Use of a weapon
Racial motivation
What do mitigating factors make a judge more likely to do?
Pass a more lenient sentence.
What do mitigating factors include?
No previous convictions
Showing remorse
Young defendant
What are the 4 main categories of sentences?
Custodial sentences
Community sentences
Fines
Discharges
What is a custodial sentence?
When an offender is sent to prison or a detention centre as punishment for a crime.
What are advantages of custodial sentences?
They protect the public and it acts as a general deterrent.
What are disadvantages of custodial sentences?
59% of prisoners re-offend and imprisonment has a negative effect on families.
What is a community sentence?
When an offender serves their sentence in the community instead of going to prison.
What are examples of community sentences?
Community service
Curfew
Drug treatment
What is an advantage of community sentences?
Doing unpaid work benefits the community.
What is a disadvantage of community sentences?
Many argue that punishments should be tougher.
What are fines?
A penalty where the offender has to pay money as punishment.
What is an advantage of fines?
Cheaper for the government compared to imprisonment.
What is a disadvantage of fines?
It may not be effective for wealthier offenders.
What is absolute discharge?
When the offender is released without any punishment.
What is conditional discharge?
When the offender is released but must not commit another offence within a certain time period.
What is an advantage of discharge?
Encourages good behaviour.
What is a disadvantage of discharge?
Offenders aren’t held accountable.
