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law paper 1 > sentencing > Flashcards

sentencing Flashcards

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1
Q

What are the 5 aims of sentencing?

A 
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
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2
Q

What theory links to punishment of offenders?

A

denunciation

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3
Q

What theory links to reduction of crime?

A

Detterent

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4
Q

What theory links to reform and rehabilitation of offenders?

A

rehabilitation

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5
Q

What theories links to protection of the public?

A

incapacitation and denunciation

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6
Q

What theory links to making of reparation by offenders to persons affected by their offences?

A

retribution

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7
Q

What is retribution?

A

punishment imposed only on the ground that an offence has been committed

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8
Q

What are the two types of deterrence?

A

individual and general

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9
Q

What is individual deterrence?

A

offender is dettered through fear of further punishment

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10
Q

What is general deterrence?

A

potential offenders warned of likely punishments

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11
Q

What is rehabilitation?

A

aims to reform offenders using education and employability skills

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12
Q

What is incapacitation?

A

When the offender is made inapable of commiting further crime so society is preotected

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13
Q

What is denunciation?

A

society expressing it’s disappointment and reinforcing moral boundaries

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14
Q

What is reparation?

A

Repayment/reparation to victim or community

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15
Q

What act and section number links to this topic?

A

The criminal justice act 2003 s.142

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16
Q

What is an aggravating factor?

A

A factor that makes the offence more serious and therefore worsen the sentence

17
Q

What is a mitigating factor?

A

A factor that makes the offence less serious and may reduce the sentence

18
Q

What are some aggravating factors?

A 
.similar previous convictions
.racially/religiously motivated offence
.disabled/sexuality prejudice involved
.vulnerable victim
.attempt to conceal or dispose of evidence
19
Q

What are some mitigating factors?

A

.D has a mental or physical illness
.D has no previous convictions
.There is evidence of genuine remorse
.If D pleads guilty asap

20
Q

What are the 2 categories of sentencing?

A

custodial and community

21
Q

Name the 5 custodial sentences

A 
whole life tariff
.mandatory life
.discretionary life
.fixed term
.suspended prison sentences
22
Q

Name the 3 community sentences

A

.community orders
.fines
.discharges

23
Q

What is a whole life tariff?

A

Where D is not eligable for release at all

24
Q

What is a mandatory life sentence?

A

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

25
Q

What is a discretionary life sentence?

A

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

26
Q

What is a fixed term?

A

Imprisonment for a fixed number of years or months based on the seriousness of the crime

27
Q

What is a suspended prison sentence?

A

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)

28
Q

What are community orders?

A

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

29
Q

What are fines?

A

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

30
Q

What are discharges?

A

The court discharges an offender on the condition that no other offence is committed within a three year perio

31
Q

Advantages of custodial sentences (5)

A 
.punishes
.reforms
.protects public
.serves justice
.can get an education
32
Q

Disadvantages of custodial sentences (5)

A 
.expensive
.deprives of right to liberty
.gang networks
.often reoffend
.taxpayer money for education
33
Q

Advantages of community sentences (5)

A 
.punishment suits the offence
.a deterrent
.stops prison population rising
.benefit community
.flexible to the offender
34
Q

Disadvantages of community sentences (5)

A 
.ineffective
.fines are classist 
.not harsh enough
.don't turn up 
.hard to police curfews
35
Q

What are the five theories behind sentencing?

A 
.denunciation
.incapacitation
.retribution
.deterrents
.rehabilitation
36
Q

Where are the aims of sentencing defined?

A

S.142 CJA

law paper 1 (34 decks)

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