Sentencing Flashcards
what are the five aims of sentencing?
punishment/ retribution
deterrence = to reduce crime
reform and rehabilitation
protection of the public
reparation to victims
what does retribution do?
the offender deserves something bad to happen to them, given in proportion to the crime
i.e. an eye for an eye
used to justify death penalty for murder
tariff sentences - each offence has a level set out by sentencing council
judges should not give sentences lower than the minimum
what does deterrence do?
it deters the individual through prison sentence, heavy fine
55% of adult offenders reoffend, 70% youth reoffend within two years
what does rehabilitation do
reform offenders so they dont need to reoffend
rehabilitate - make themselves useful members of society
reduces reoffending by changing future behaviour
reformation - focuses on reducing youth offending
what does protection of the public do?
protection from dangerous offenders through life imprisonments. murder or serious sexual offences.
allows court to decide if they need to send the offender to prison for public protection
curfews etc
what is reparation?
compensating the victim through money etc, may involve getting offender and victim together.
what is denunciation?
society expresses its disapproval at the criminal activity, shows justice has to been done. enforces moral bounding.
moulds societies view on a behaviour e.g. drink driving
increases in sentencing, severity of sentences
what are the powers of the crown court
unlimited power, can give up to the max sentence, no maximum limit on amount of fines. conditional discharge. disqualification
what are the powers of the magistrates court
6 months in prison
12 months in prison (2 offences)
5 levels of max fines:
level 1 - 200
level 2 - 500
level 3 - 1000
level 4 - 2500
level 5 - unlimited
conditional discharge
disqualification from driving
what are custodial sentences:
murder - mandatory life sentences
discretionary life sentences - can give a lesser sentence where appropriate
fixed term sentences - imprisonment for a set number of years based on severity, serve half of sentence in prison
suspended sentences - can be suspended for up to 2 years, if during this time the offender does not commit any further offences the prison sentence will not be served
what are community orders?
allows the court to combine what they think is neccessary
curfew
unpaid work
alcohol treatment
supervision
other outcomes:
fines - most common outcome in mags court
discharges -
conditional discharge = providing the offender does not reoffend in a 3 year period
absolute discharge = the offender is guilty but not blameworthy, no penality is imposed
disqualifications from driving
compensation order
victim surcharge
forfeiture order
what are aggravating factors?
things that may make the offence more serious:
- previous convictions for similar offences
- defendant was on bail for another offence
- hostility to protected characteristic
part of a group
vulnerable
serving the public
premeditated
what are mitigating factors?
these allow the judge to give a lower sentence than would normally be given
this can include helping the policy identify other offenders, or an early guilty plea
mental illness of the defendant
physical illness of the defendant
no previous convictions
genuine remorse
