Sentencing (A03) Flashcards
💚 OF SENTENCING
the same as the 5 aims
💚punishment
Victim takes satisfaction from revenge, reinforces moral boundaries and sends out messages
Reduces need for vigilante action as society is satisfied
💚prevention of crime
Individual deterrence
Reduces number of repeat offenders if works
Ensures future crime levels fall and improves society as a whole- ppl feel safer
💚prevention of crime (general deterrence)
Sends out message in what society thinks is unacceptable
If works leads to a reduction of crime, benefits all
💚rehabilitation
Individualised - looks at long term needs for offender
Improves offenders life and reduces repeat offenders. Crime levels may fall
💚protection of public
Successful in short term as protects society
Sensible choice which is favoured by public, especially for serious offenders
💚Reparation
Society or victim can get something tangible back, gives satisfaction
May get apology and explanation which could make offenders see error of their ways
❤️ of sentencing
same as 5 aims
❤️punishment
Won’t seek to alter offenders behaviour, doesn’t seek to reduce crime
Can result in stupidly harsh penalty (denunciation) and costly (24k)
❤️prevention of crime (individual deterrence)
Assumes offender will stop to consider their actions
Not case if carried out in spur of moment or under the influence
❤️prevention of crime (general)
Unfair to sentence for longer than usual tarrif or what’s deserved
Conflicts with principles of retribution where sentence is equal to crime
❤️rehabilitation
Leads to inconsistency in sentencing and is often viewed as soft option
Discriminates against WC offenders from poor background and those who’ve offended in that past
❤️ protection of the public
Protects society in short term but doesn’t address long term issues
Fails to reduce crime and is costly
❤️reparation
Limited and unsuitable for serious offenders
Unsuitable for those who are poor or suffering from mental conditions - applies to limited examples of crime
💚sentencing types (random examples)
Offenders can not commit crime in prison so protects the public
Opportunities in prison for offender to be rehabilitated
❤️ sentencing types (x4)
- Can learn new crimes from other prisoners
- Jan 17 showed 44.75% of adults serving a sentence, reoffend without year of release
- Makes difficult to gain employment after release,pushed back into crime
- Very expensive, 3weeks in prison costs more than year of community order
💚community orders
- Less disruptive than prison, can carry on with family life and work
- Cheaper than prison
- Can give sense of achievement and help rehab
- Tagging is effective at keeping offenders out of trouble and protecting public
❤️ community orders
- Reoffending rates still high at 32.4% within year
* Tagging is seen as degrading and can be broken by mistake
💚fines
Brings money into court system
Quick and effective for minor crime
Only used if in position to pay
❤️fines
- Problems w collecting fines. Mag don’t always use power to claim from wages or benefits.
- Ppl may get sent to prison for non payment which detracts from the point
- Under CJA 03 someone can do unpaid work to pay off fine but is expensive @ £6 an hour