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Law Paper 1 - Legal System And Criminal Law > Sentencing > Flashcards

Sentencing Flashcards

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1
Q

Aim: Retribution (punishment)

A

Imposing a punishment because offender has broken law

E.g. tariff sentence

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2
Q

Tariff sentences

A

Each offence should have a certain tariff or level of sentencing

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3
Q

Aim: Deterrence

A

General and individual

E.g. Prison sentence, heavy fine

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4
Q

Individual deterrence

A

Offender deterred through fear of future punishment

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5
Q

General deterrence

A

Potential offenders warned as to likely punishment

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6
Q

Aim : rehabilitation

A

Alter offenders behaviour so that the conform to community norms and not reoffend in future
E.g. community order

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7
Q

Aim: reformation

A

Reform offenders behaviour so that he will not offend in future

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8
Q

Aim: protection of public

A

Offender made incapable of committing further crimes
Society protected
E.g. tagging, long sentence, banning order

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9
Q

7 aims of sentencing

A 
Retribution
Rehabilitation 
Reformation
Deterrence 
Denunciation
Protection of public 
Reparation
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10
Q

Aim: reparation

A

Offender compensates victim or society for offending behaviour
E.g. unpaid work, compensation order

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11
Q

Aim: denunciation

A

Expressing society’s disapproval of an offenders behaviour

E.g. reflects blameworthiness of offence

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12
Q

3 things When deciding a sentence

A

The offence
Sentencing guidelines
Offenders background

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13
Q

Aggravating factors…

A

Make offence more serious

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14
Q

4 Aggravating factors

A

Similar Previous convictions
If they’re on bail
Racial or religious hostility
Disability or sexual orientation being involved

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15
Q

4 aggravating factors in assault

A

Part of a group
Vulnerable victim like a child or elderly
Serving public like a nurse
If assault was premeditated

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16
Q

Mitigating factors…

A

Can give lighter sentence

E.g. helping police

17
Q

4 mitigating factors

A

Mental illness
Physical illness
No previous convictions
No genuine remorse

18
Q

Reduction in sentence if

A

Guilty plea early on

19
Q

Act that sets of purposes of sentencing

A

Criminal justice act 2003 section 142

20
Q

Most important part is to establish how serious crime was

A

S143 criminal justice act 2003

21
Q

Heavier sentence if

A

Previous convictions

22
Q

4 types of sentences

A

Custodial
Community orders
Fines
Discharges

23
Q

3 custodial sentences

A

Mandatory and discretionary life sentence
Fixed term sentence
Suspended sentence

24
Q

Custodial: mandatory life sentences

A

For murder only sentence is life
Judge can state minimum years (down to 12)
Full time: child, abduction, sexual motive, advancing a political religious or racial cause
Consider agg and mit

25
Q

Custodial: discretionary life sentences

A

Offence under s18 of offences against persons act
Max life
Judge has discretion

26
Q

Custodial: fixed term

A

Set number of months
Depends on several factors
Automatically released once served half of sentence
Only over 21 can be imprisoned

27
Q

Custodial: suspended prison sentence

A

Up to 2 years
6 months in mags court
Does not take effect immediately
If no other crime committed sentence is not served after time

28
Q

Community orders

A

Combined Requirements that are necessary
Mix and match
s177 criminal justice act

29
Q

Community orders: 4 requirements

A

Unpaid work - 40-300 hours
Prohibited activity - forbidden area or clothes
Curfew - tagging
Supervision - probation officer

30
Q

Fines

A

Mags court

Ordered to pay set rate each week

31
Q

Discharges: conditional

A

No further offence committed for set period up to 3 years
Punishment not neceressary
But
If reoffend court can impose another sentence plus new one

32
Q

Discharges: absolute

A

No penalty imposed

Technically guilty morally blameless

33
Q

3 other powers courts have when sentencing

A

Disqualify driving
Compensation order to victim
Forfeiture order (property taken away)

Law Paper 1 - Legal System And Criminal Law (15 decks)

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