Sentencing

Question 1

What is the role of the court?

Answer 1

To decide what sentence should be imposed following a guilty or not guilty verdict.

Question 2

What is the aim of retribution?

Answer 2

This is societies revenge for the wrong doing when committing an offence. It is the theory that they deserve punishment for their acts. This states the sentence should fit the crime. It doesn’t aim to deduce crime or change behaviour. It is based upon proportionality or ‘just deserts’

Question 3

Give an example of retribution

Answer 3

USA- Capital Punishment

Question 4

What is the aim of denunciation?

Answer 4

This is society expressing its disproval of criminal activity. It should publically condemn their behaviour and show people justice is being served. It also reinforces the moral boundaries of acceptable behaviour.

Question 5

Give an example of Denunciation

Answer 5

Daniel Mirreles has to spend 5 hours every Saturday holding a sign revealing he is a thief (USA).

Question 6

What is the aim of incapacitation?

Answer 6

The public need to be protected from dangerous offenders. Offenders are made incapable of committing further crimes.

Question 7

What is the aim of deterrence?

Answer 7

This is the use of punishment as a threat to defer people from offending. Individual deterrence is aimed at the offender to prevent reoffending (fines, prison sentence). General deterrence puts society off committing crime.

Question 8

What is the aim of rehabilitation?

Answer 8

To reform the offender to stop them re-offending. It is focused on looking at long term potential of the offender to reform.

Question 9

Give an example of rehabilitation

Answer 9

curfew, tags, community service, unpaid work, drug or alcohol rehab

Question 10

What is the aim of reparation?

Answer 10

Compensating the victim of the crime by ordering the offender to pay to the victim or make restitution.

Question 11

Under what act are courts required to give a reason if they don’t make a compensation order?

Answer 11

Criminal Act 2000

Question 12

Give an example of direct reparation

Answer 12

compensation order, returning stolen property

Question 13

What are the magistrates court restricting powers?

Answer 13

£5,000 fine and 6 months imprisonment

Question 14

What sets out the purposes of sentencing?

Answer 14

Section 142 of the Criminal Justice Act (2003)

Question 15

What are the four main categories of sentencing?

Answer 15

1) Custodial sentences
2) Community sentences
3) Fines
4) Discharges

Question 16

What does section 152 of the Criminal Justice Act state?

Answer 16

the court should not pass a custodial sentence unless it is of the opinion that the offence was ‘so serious neither a fine alone nor a community sentence can be justified’

Question 17

What are mitigating factors?

Answer 17

factors that lessen the sentence

Question 18

A whole life sentence should be set where the murder falls into one of the following categories?

Answer 18

1) The murder of 2 or more persons, where each murder involves planning, abduction, sexual or sadistic conduct.
2) The murder of a child if involving sexual or sadistic conduct
3) A murder done for the purpose of advancing a political, religious or ideological cause
4) A murder by an offender previously convicted of murder

Question 19

What is a discretionary sentence?

Answer 19

For robbery. manslaughter and rape, the maximum sentence is life imprisonment. This means the judge has discretion and can give a lesser sentence like a community order or discharge.

Question 20

for a fixed term sentence what does the length of sentence depend on?

Answer 20

maximum sentence available, seriousness of the crime, previous record

Question 21

explain a suspended sentence

Answer 21

Sentences of up to two years imprisonment may be suspended which means that the sentence will not take effect unless the offender commits another impressionable offence.

Question 22

mandatory life is an example of what aim of sentencing?

Answer 22

retribution- ‘an eye for an eye’

incapacitation

Question 23

fixed term and suspended are examples of what aims of sentencing?

Answer 23

deterrence- the threat of imprisonment will put them off offending
retribution

Question 24

What sets out the community order requirements?

Answer 24

Criminal Justice Act 2003 section 177

Question 25

supervision requirement is an example of what aim of sentencing?

Answer 25

rehabilitation- probation officer will discuss offending behaviour and ways to prevent future offending
incapacitation- being closely watched makes it more difficult to commit crime

Question 26

curfew requirement is an example of what aim of sentencing?

Answer 26

incapacitation- incapable of committing crimes in those hours

Question 27

unpaid work requirement is an example of what aim of sentencing?

Answer 27

rehabilitation- develop job skills, less likely to commit crime if employed
reparation- give back to the community

Question 28

prohibited activity requirement is an example of what aim of sentencing?

Answer 28

incapacitation

Question 29

fines are an example of what aim of sentencing?

Answer 29

deterrence and retribution

Question 30

discharges are an example of what aim of sentencing?

Answer 30

deterrence and incapacitation- particularly with conditional