Sentencing Aims Flashcards
1
Q
What are the Aims of Punishment
A
Retribution
2
Q
s57 of the Sentencing Act 2020
A
where sentencing aims and objectives are pursuant to
4
Q
Retribution
A
- offender deserves to be punished
- punishment proportionate to offence
- based on biblical reference to vengeance “eye for eye tooth for a tooth”
+sentences meeting criteria would be imprisonment set under sentencing guidelines and heavy fines
5
Q
Individual Deterrence
A
- ensures offender is incapable of reoffending
* through tough punishments eg fixed term sentences, heavy fines
6
Q
General Deterrence
A
- has wider motives
- acts as warning to prevent others from committing certain offences
- it installs fear witching society of consequences when committing offences
- eg R V POVEY [2009] the Lord Chief Justice stated that the alarming escalation of knife crime is justified through a sentence based on deterrence
7
Q
Reformation
A
- based on a moral motive, mainly people are able to modify their behaviours
- aims to rehabilitate offenders back into society as law abiding citizens
- sentences individualised and consist of community orders w intention to reform offenders w appropriate socialisation skills
8
Q
Protection of the Public
A
- aim which ensures the public ate kept safe from violent or persistent offenders eg serial killers sexual offenders
- only suitable punishment issues through lengthy custodial sentences
- to protect pedestrians + road users dangerous drivers also disqualified from driving
9
Q
Denunciation
A
legal academic deike kemper defined it as
unacceptable behaviour that “must be communicated not only to the offender but to the broader community…
courts are given the power to express public condemnation of the conduct”
10
Q
Reparation
A
- offender is made to repay and make amends to victim or community
- includes meeting victims face to face in order to develop sense of remorse common in youth offenders
- unpaid work also used as compensation to the community
