Sentencing Flashcards
What is recidivism?
The reoffending rate
What act covers sentencing?
The Criminal Justice Act 2003 (section 142)
What are some purposes of sentencing? (List 3)
+ The punishment of Offenders
+ The reduction of crime
+ The protection of the public
+ Reparation
What does retribution mean?
It means “making people pay for their crimes”
What are “just deserts”?
When a punishment fits a crime
Why must the public see justice being done?
Because vigilantism could arise and they could take the law into their own hands
What is “Individual Deterrence”?
Making sure that specific offender doesn’t reoffend
What is “General Deterrence”
Making sure he public doesn’t commit a crime
What is an exemplary sentence?
A type of sentence that is particularly harsh to warn other types of offenders of the consequences.
What does “Rehabilitation” aim to do?
It aims to rehabilitate or reform an offender back into society.
What is “Reparation”?
Making the offender bay back their debt to their victims/society
What forms of reparation might an offender be made to do?
+ offender gives money or services to the victim
+ community penalties which require an offender to pay back society as a whole
What is a Pre-Sentence Report (PSR)?
A report prepared by the crown prosecution service about the case and offender, including a financial statement and medical report.
When regarding the tariff system, what is the “initial guideline”?
It is a judge’s starting point for deciding a sentence, which can be raised or lowered depending on the offender’s mitigating or aggravating factors.
What are the 5 main aims of sentencing?
\+ Retribution \+ Deterrence \+ Protection of society \+ Rehabilitation \+ Reparation
What happens if someone pleads guilty at the earliest possible opportunity?
They receive 1/3 off their sentence
What is a Mandatory Life Sentence?
Where the offender is given a long time in prison and is on life license after they are released
What does it mean if someone is on “Life License” from prison?
That they can be recalled for another crime
What is a Discretionary Life Sentence?
Where someone has to be imprisoned for something extremely criminal they have done (I.e. manslaughter), but they don’t have to carry life imprisonment
What is a fixed term sentence in prison?
Where an offender is incarcerated for a certain number of months or years.
What is the shortest possible fixed term sentence a court can impose?
5 days.
When should custody be given to an offence?
When it is SO SERIOUS a community sentence cannot be justified
Due to Parole/Early release guidelines, how much of their sentence does an offender usually serve before getting parole?
Usually half (unless they are a dangerous offender)
What is a “Home Detention Curfew”?
Where an offender is allowed to serve their sentence at home, but they have certain restrictions such as curfews or tagging placed upon them.
