Sentencing Flashcards
What is the role of the court?
To decide what sentence should be imposed following a guilty or not guilty verdict.
What is the aim of retribution?
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’
Give an example of retribution
USA- Capital Punishment
What is the aim of denunciation?
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.
Give an example of Denunciation
Daniel Mirreles has to spend 5 hours every Saturday holding a sign revealing he is a thief (USA).
What is the aim of incapacitation?
The public need to be protected from dangerous offenders. Offenders are made incapable of committing further crimes.
What is the aim of deterrence?
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.
What is the aim of rehabilitation?
To reform the offender to stop them re-offending. It is focused on looking at long term potential of the offender to reform.
Give an example of rehabilitation
curfew, tags, community service, unpaid work, drug or alcohol rehab
What is the aim of reparation?
Compensating the victim of the crime by ordering the offender to pay to the victim or make restitution.
Under what act are courts required to give a reason if they don’t make a compensation order?
Criminal Act 2000
Give an example of direct reparation
compensation order, returning stolen property
What are the magistrates court restricting powers?
£5,000 fine and 6 months imprisonment
What sets out the purposes of sentencing?
Section 142 of the Criminal Justice Act (2003)
What are the four main categories of sentencing?
1) Custodial sentences
2) Community sentences
3) Fines
4) Discharges
What does section 152 of the Criminal Justice Act state?
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’
What are mitigating factors?
factors that lessen the sentence
A whole life sentence should be set where the murder falls into one of the following categories?
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
What is a discretionary sentence?
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.
for a fixed term sentence what does the length of sentence depend on?
maximum sentence available, seriousness of the crime, previous record
explain a suspended sentence
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.
mandatory life is an example of what aim of sentencing?
retribution- ‘an eye for an eye’
incapacitation
fixed term and suspended are examples of what aims of sentencing?
deterrence- the threat of imprisonment will put them off offending
retribution
What sets out the community order requirements?
Criminal Justice Act 2003 section 177
supervision requirement is an example of what aim of sentencing?
rehabilitation- probation officer will discuss offending behaviour and ways to prevent future offending
incapacitation- being closely watched makes it more difficult to commit crime
curfew requirement is an example of what aim of sentencing?
incapacitation- incapable of committing crimes in those hours
unpaid work requirement is an example of what aim of sentencing?
rehabilitation- develop job skills, less likely to commit crime if employed
reparation- give back to the community
prohibited activity requirement is an example of what aim of sentencing?
incapacitation
fines are an example of what aim of sentencing?
deterrence and retribution
discharges are an example of what aim of sentencing?
deterrence and incapacitation- particularly with conditional
