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The Nature Of Law > sentencing > Flashcards

sentencing Flashcards

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1
Q

what act sets out the purposes of sentencing for those aged 18 or over

A

section 142 , the criminal justice act 2003

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2
Q

what are the pupose for sentencing those ged 18 or over, saying that a court must have regard to

A

the punishment of offenders
the reduction of crime
the reform and rehabilitation of offenders
the protection of the public
the making of reparation of offenders to person affected by their offence

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3
Q

what is retribution

A

imposing a punishment because the offender deserves punishment

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4
Q

what is a suitable punisment according to that theory

A

tariff sentence

sentence must be proportionate to the crime

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5
Q

what is deterrence

A

giving a punishment aimed at putting off the defendant from re-offending because of fear of punishment or preventing potential offenders from comitting similar crimes

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6
Q

which are the two types of deterrence

A

indivisual deterrence and general deterrence

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7
Q

what is rehabilitate

A

trying to alter offenders’ behaviour so that they will conform the community norms and not offend in future

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8
Q

what is reformation

A

trying to reform the offenders’ behaviour so that they will not offend in future

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9
Q

what is the suitable punishment for deterrence theory

A

prison sentence
heavy fine
long sentence as an example to others

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10
Q

what is te suitable punishment for rehabilitation theory

A

individualised sentence

community order

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11
Q

what is protection of society

A

offender is made incapable on making further crime

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12
Q

what is the suitable punishment for protection of society

A

long prison sentence
tagging
banning orders

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13
Q

what is reparation

A

where an offender compensates the victim or society for the offending behaviour

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14
Q

what is the suitable punishment for the reparation

A

compensation order
unpaid work
reparation schemes

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15
Q

what is denunciation

A

expressing society’s disapproval of an offender’s behaviour

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16
Q

what is the suitable punishment for the denunciation

A

reflects blameworthiness of the offence

17
Q

what are the powers of the criminal court

A

custodial sentence
fines
other powers

18
Q

sentencing available for adults

A 
custodial sentences
community orders
fines
discharges
other powers of the court
19
Q

where the crown court can give the biggest fine

A

on businesses for breaches of health and safety laws

20
Q

what is custodial sentence

A

is the most serious punishment that a court can impose

21
Q

what include custodial sentence

A

mandatory and discretionary life sentence
fixed term sentences
suspended prison sentences

22
Q

mandatory life sentences main points

A

for murder the only sentence a judge can impose is a life sentence
the starting points range from a full life term down to 12 years depending on the facts of the case

23
Q

discretionary life sentence main points

A

the judge has discretion in sentencing and can give any lesser sentence where appropriate
a life sentence should be given for a second offence if serious

24
Q

fixed term sentences main points

A

factors: seriousness of the crime, the defndant’s previous record
anyone sent to prison is automatically released after they served half of the sentence

25
Q

suspended pprison sentence

A

the sentence doesn’t take effect immediately

if offender cause another offence then he may serve that sentence together with the new one

26
Q

what includes community order

A

unpaid work requirement (40-300)
prohibited activity requirement
curefew requirement
supervision requirement

27
Q

factors in sentencing

A 
aggravating factors 
mitigating factors 
plea of guilty 
offender's background 
reports on the offenders
28
Q

what is the average re-offending rate for adults

A

24,7 per cent

29
Q

which type of offence was associated with higher re- offending rates

A

theft

30
Q

how many previous offences had been committed by those with the highest rate of re-offending

A

11 or more

31
Q

what was the re-offending rate for those released from a custodial sentence?

A

45,5 per cent

32
Q

If you would like some more law revision materials, i invite you to my website

A

https://www.mylawrevisionclass.com/

The Nature Of Law (15 decks)

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