Sentencing and Appeals Flashcards
Where are the factors judges must consider when sentencing set out?
Criminal Justice Act 2003.
What are the 7 theories of sentencing judges must consider when sentencing?
Retribution, denunciation, incapacitation, rehabilitation, reparation, individual deterrence and general deterrence.
What is retribution?
This is the idea that we punish the offender because they deserve to be punished for their actions.
What is denunciation?
This is the idea a judge will sentence to reflect society’s disapproval of a particular criminal activity.
What is incapacitation?
This is the idea that punishment is necessary if only to prevent the offender from committing further crimes. An example can be banning drink drivers from driving.
What is individual deterrence?
This is concerned with deterring the individual from committing further offences with a heavier than usual sentence.
What is general deterrence?
This is the idea that excessive sentences may be given out to an individual to deter the rest of the population from committing the same crime.
Why can deterrence be a bad thing?
In R v Whitton a football fan was given a life sentence for hooliganism as a deterrent to other football hooligans.
What is rehabilitation?
This is the idea that the sentence should facilitate the offender so they are able to return to normal society. An example would be a drug rehabilitation sentence.
What is reparation?
This is the idea that the sentence should compensate the victim of a crime. This can be done through a fine, the return of stolen property or unpaid community work.
