sentencing and punishment Flashcards
goals of sentencing
deterrence- stop future crime
incapacitatation- protecting public
rehabilitation
desert- deserves punishment
denunciation- express social values
proportionality principle- punishment proportional to harm
discretion of sentencing
maximum sentences, space for varaition in severity
guidlines+ sentencing council constricting over time
things to consider when sentencing
aggravating/mitigating factors
guilty plea discount
tariff
time held on remand
minnesota grid
a grid that is able to predict next years state prison population to prevent overcrowding
sentencing in the UK
criminal justice act 2003
guidlines from sentencing council
criminal justice act 2003
sets out purposes of sentencing
suggests court must use culpability to suggest seriousness
imprisonment for public protection
life sentence or imprisonmnet for public protection
serious offence
and is likely to be a risk to the public
abolished in 2012
criticisms of IPP
not right to punish for something they ‘might’ do
might violate ECHR
james, wells and lee v uk
reviewed
need rehabilitation resources
pleas in mitigation
chance to reduce sentence by talking about mitigating factors