Sentencing (aims) Flashcards
What are the aims of sentencing?
When judges or magistrates have to pass a sentence they will not only look at the sentences available, they will also have to decide what they are trying to achieve by the punishment they give.
Court must have regard to:
The punishment of offenders
The reduction of crime
The reform and rehabilitation of offenders
The protection of the public
The making of reparation by offenders to persons affected by their offences
What is retribution/punishment?
Retribution Is based in the idea of punishment.
The offenders deserve punishment for his or hers acts.
Does not seek to reduce crime or alter the offenders future behaviour.
Aim is to make sure that the sentence given is in proportion to that offence
‘Eye for an eye’ - justify the death penalty for the offence of murder
What are tariff sentences?
The sentencing council produces guidelines for all the main categories of offences. Judges have to take notice of these guidelines and should not normally give a lower sentence than the minimum set out in the guidelines
What is deterrence?
Individual deterrence- is intended to ensure that the offender does not re offend, through fear of future punishment.
General deterrence- aimed at preventing other potential offenders from committing crimes.
Both are aimed at reducing future levels of crime
What is individual deterrence
Several penalties that can be imposed with the aim of deterring the individual offender from committing similar crimes in the future.
Include: prison sentence, suspended sentence or a heavy fine.
55% of adult prisoners re offence within 2 years of release
Young offenders- custodial sentences have even less of a deterrent effect- 70% reoffend within 2 years
What is general deterrence
Potential offenders are rarely deterred by severe sentences passed on others.
Courts sometimes make an example of an offender in order to warn other potential offenders of the type of punishment they face.- 2011 riots
What is reform/rehabilitation
Main aim is to reform the offender and rehabilitate him or her into society.
Forward looking aim - hope that the offenders behaviour will be altered by the penalty imposed, so that he or she will not offend in the future.
Reformation is a very important element in the sentencing philosophy for you for offenders, but it is also used for some adult offenders. The court is given information about the defendants background. - pre sentence report prepared by probation service.
Will consider other factors such as school reports, job prospects, or medical problems.
Offenders will usually be given a community order with various requirements aimed at rehabilitating them.
What is protection of the public
Public need to be protected from dangerous offenders.
Life imprisonment or a long term of imprisonment are given to those who commit murder or other violent or serious sexual offences.
Criminal justice act 2003 introduced a provision for serious offences that where the court is of the opinion that there is a significant risk to members of the public of serious harm being caused by the defendant in the future, the court must send the defendant to prison for the protection of the public.
CJA 2003 – allows for extended sentences for those that are a risk to the public
May be released on licence
Exclusion order/community order – banning from specific areas in the community where there is the likely risk of offending
R v Winkler 2004
Affray at Oldham Athletic – he was banned from town centre on match days and banned from half mile of any football stadium for 6 years.
Curfew Orders – monitored by electronic tag
What is reparation?
Aimed at compensating the victim of the crime usually by ordering the offender to lay a sum of money to the victim of to make restitution or direct apologies
What is denunciation
This is society expressing disapproval of the crime. Shows citizens that justice is being done
Reinforces moral boundaries of acceptable conduct
Drink driving is now viewed as socially unacceptable
