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AS Law > Sentencing > Flashcards

Sentencing Flashcards

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0
Q

What is recidivism?

A

The reoffending rate

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1
Q

What act covers sentencing?

A

The Criminal Justice Act 2003 (section 142)

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2
Q

What are some purposes of sentencing? (List 3)

A

+ The punishment of Offenders
+ The reduction of crime
+ The protection of the public
+ Reparation

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3
Q

What does retribution mean?

A

It means “making people pay for their crimes”

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4
Q

What are “just deserts”?

A

When a punishment fits a crime

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5
Q

Why must the public see justice being done?

A

Because vigilantism could arise and they could take the law into their own hands

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6
Q

What is “Individual Deterrence”?

A

Making sure that specific offender doesn’t reoffend

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7
Q

What is “General Deterrence”

A

Making sure he public doesn’t commit a crime

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8
Q

What is an exemplary sentence?

A

A type of sentence that is particularly harsh to warn other types of offenders of the consequences.

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9
Q

What does “Rehabilitation” aim to do?

A

It aims to rehabilitate or reform an offender back into society.

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10
Q

What is “Reparation”?

A

Making the offender bay back their debt to their victims/society

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11
Q

What forms of reparation might an offender be made to do?

A

+ offender gives money or services to the victim

+ community penalties which require an offender to pay back society as a whole

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12
Q

What is a Pre-Sentence Report (PSR)?

A

A report prepared by the crown prosecution service about the case and offender, including a financial statement and medical report.

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13
Q

When regarding the tariff system, what is the “initial guideline”?

A

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.

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14
Q

What are the 5 main aims of sentencing?

A 
\+ Retribution
\+ Deterrence
\+ Protection of society
\+ Rehabilitation
\+ Reparation
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15
Q

What happens if someone pleads guilty at the earliest possible opportunity?

A

They receive 1/3 off their sentence

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16
Q

What is a Mandatory Life Sentence?

A

Where the offender is given a long time in prison and is on life license after they are released

17
Q

What does it mean if someone is on “Life License” from prison?

A

That they can be recalled for another crime

18
Q

What is a Discretionary Life Sentence?

A

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

19
Q

What is a fixed term sentence in prison?

A

Where an offender is incarcerated for a certain number of months or years.

20
Q

What is the shortest possible fixed term sentence a court can impose?

A

5 days.

21
Q

When should custody be given to an offence?

A

When it is SO SERIOUS a community sentence cannot be justified

22
Q

Due to Parole/Early release guidelines, how much of their sentence does an offender usually serve before getting parole?

A

Usually half (unless they are a dangerous offender)

23
Q

What is a “Home Detention Curfew”?

A

Where an offender is allowed to serve their sentence at home, but they have certain restrictions such as curfews or tagging placed upon them.

24
Q

When can a Community Penalty be issued to an offender, instead of a custodial one?

A

If the offence is SERIOUS ENOUGH to justify only a community order

25
Q

What does section 177 of the Criminal Justice Act state?

A

That offenders can receive a community order that is a combination of one or more possible activities

26
Q

What are some of the 12 possible orders?

A

Unpaid work (40-300 hours, 8 hour sessions). Activity requirement. Programme requirement (aimed at changing behaviour). Prohibited activity requirement (banned from doing something). Curfew. Exclusion requirement (with tagging). Residence requirement. Mental health/drugs/alcohol treatment. Supervision requirement.

27
Q

What are some advantages of community orders?

A 
\+ Cheaper than prison
\+ Community Benefits
\+ More likely to rehabilitate
\+ Less disruptive to offender
\+ Offender learns new skills
28
Q

What are some disadvantages of community orders?

A

+ Tagging is quite expensive
+ Public sees it as a soft option
+ Enforcement is difficult
+ Recidivist rate is still high

29
Q

What is the minimum age of criminal responsibility in England?

A

10 years old

30
Q

What court will an offender usually go to if they’re under 18 years of age?

A

The Youth Court (division of the magistrates court)

31
Q

What is the youth court equivalent of prison?

A

A Young Offenders Institution (YOI)

32
Q

What is the minimum sentence in a YOI?

A

21 days

33
Q

What is a detention and training order?

A

A programme where a youth offender will serve half of their sentence in custody and the other half under supervision.

Specific periods of 4,6,8,10,12,18 or 24 months only

34
Q

What is a Secure Training Centre

A

Purpose-built centres for youth offenders up to the age of 17. They are provided with formal education 25 hours a week, 50 weeks of the year.

35
Q

What is a Local Authority Children’s Home?

A

A custody programme that focuses on tending to the physical, emotional and behavioural needs of their occupants

36
Q

How much can a court fine a 10-13 year old?

A

£250

37
Q

How much can a court fine a 14-17 year old?

A

£1000

38
Q

How much can a court fine an 18+ year old?

A

The same amount as in an adult case

39
Q

What is the maximum sum a Magistrate’s court can issue as a fine?

A

£5000

40
Q

What is a conditional discharge?

A

Where there is no sentence applied to an offender providing the offender doesn’t reoffend in a certain time period

41
Q

What is an absolute discharge?

A

Where the offender is technically convicted, but has no blame attached.

AS Law (11 decks)

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