sentencing and lay people Flashcards
S-To punish
offender must face consequences so judge passes sentence fit for crime
Tarif sentencing
Eye for an eye
S-reduction of crime
deter offenders from committing same or similar crimes and others when they see harsh crimes.
S-reform and rehabilitation
help offenders stop reoffending by altering behaviour
Forward looking crimes
S-protection
public should be protected from offenders
S-reparation
Gives something back to the victim.
Compensation or make restitution. Make repartition to society.
S-Custodial
Deprives persons liberty
S-Mandatory whole life
Pre meditated killing of 2 or more people
S-Mandatory 30 year
Murder involving police or firearms
S-Mandatory 15 years
For murders not in 2 categories
S-Mandatory 12 years
Under 18
S-Discretionary
Judge can give life but does not have to
S-Extended determinate
Sentence does not exceed 5 years for violence and 8 for sexual offence
S-Fixed term
Imprisonment for set number of months or years
S-Suspended
Sentence delayed up to 2 years
S-Indeterminate
Sentence without release date
S-Extended
Offender is dangerous so public have to be protected
S-Home detention
Early release if suitable address
S-Community orders(Non custodial)
Sentence under supervision
S-Monetary(Non custodial)
Sentences involving money
S-Absolute discharge(Non custodial)
No penalty
S-Conditional discharge(Non Custodial)
No penalty unless crime committed 3 years
S-Factors taken into account when sentencing
Court sentencing powers
Offenders background
Early guilty plea
S-Aggravating factors
Factors that might increase sentence
S-Mitigating factors
Factors that might decrease sentence
