sentencing Flashcards
What are the 5 aims of sentencing?
punishment of offenders reduction of crime reform and rehabilitation of offenders protection of the public making of reparation by offenders to persons affected by their offences
What theory links to punishment of offenders?
denunciation
What theory links to reduction of crime?
Detterent
What theory links to reform and rehabilitation of offenders?
rehabilitation
What theories links to protection of the public?
incapacitation and denunciation
What theory links to making of reparation by offenders to persons affected by their offences?
retribution
What is retribution?
punishment imposed only on the ground that an offence has been committed
What are the two types of deterrence?
individual and general
What is individual deterrence?
offender is dettered through fear of further punishment
What is general deterrence?
potential offenders warned of likely punishments
What is rehabilitation?
aims to reform offenders using education and employability skills
What is incapacitation?
When the offender is made inapable of commiting further crime so society is preotected
What is denunciation?
society expressing it’s disappointment and reinforcing moral boundaries
What is reparation?
Repayment/reparation to victim or community
What act and section number links to this topic?
The criminal justice act 2003 s.142
What is an aggravating factor?
A factor that makes the offence more serious and therefore worsen the sentence
What is a mitigating factor?
A factor that makes the offence less serious and may reduce the sentence
What are some aggravating factors?
.similar previous convictions .racially/religiously motivated offence .disabled/sexuality prejudice involved .vulnerable victim .attempt to conceal or dispose of evidence
What are some mitigating factors?
.D has a mental or physical illness
.D has no previous convictions
.There is evidence of genuine remorse
.If D pleads guilty asap
What are the 2 categories of sentencing?
custodial and community
Name the 5 custodial sentences
whole life tariff .mandatory life .discretionary life .fixed term .suspended prison sentences
Name the 3 community sentences
.community orders
.fines
.discharges
What is a whole life tariff?
Where D is not eligable for release at all
What is a mandatory life sentence?
Issued for murder. A judge is only allowed to impose life sentences and they can suggest the min number of years D serves before being eligible for release
What is a discretionary life sentence?
Issued for serious offences (eg s.18 offences against the persons). Max sentence is life but judge has discretion in sentencing and can give a lesser sentence where appropriate
What is a fixed term?
Imprisonment for a fixed number of years or months based on the seriousness of the crime
What is a suspended prison sentence?
The sentence doesn’t take effect immediately, the court will fix a time for it. The sentence can be up to 2 years (max 6 moths in magistrates)
What are community orders?
can be anywhere between 40-300 hours. The aim is for the offender to give back to the community. These activities include:
.unpaid work requirement
. a program requirement
.a residence requirement
What are fines?
The most common way to dispose of a case. D’s financial situation is assessed in pre trial procedures and they are then ordered to pay a fine they can afford to pay, usually at a set date every week
What are discharges?
The court discharges an offender on the condition that no other offence is committed within a three year perio
Advantages of custodial sentences (5)
.punishes .reforms .protects public .serves justice .can get an education
Disadvantages of custodial sentences (5)
.expensive .deprives of right to liberty .gang networks .often reoffend .taxpayer money for education
Advantages of community sentences (5)
.punishment suits the offence .a deterrent .stops prison population rising .benefit community .flexible to the offender
Disadvantages of community sentences (5)
.ineffective .fines are classist .not harsh enough .don't turn up .hard to police curfews
What are the five theories behind sentencing?
.denunciation .incapacitation .retribution .deterrents .rehabilitation
Where are the aims of sentencing defined?
S.142 CJA
