sentencing and punishment Flashcards

1
Q

goals of sentencing

A

deterrence- stop future crime
incapacitatation- protecting public
rehabilitation
desert- deserves punishment
denunciation- express social values
proportionality principle- punishment proportional to harm

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2
Q

discretion of sentencing

A

maximum sentences, space for varaition in severity
guidlines+ sentencing council constricting over time

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3
Q

things to consider when sentencing

A

aggravating/mitigating factors
guilty plea discount
tariff
time held on remand

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4
Q

minnesota grid

A

a grid that is able to predict next years state prison population to prevent overcrowding

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5
Q

sentencing in the UK

A

criminal justice act 2003
guidlines from sentencing council

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6
Q

criminal justice act 2003

A

sets out purposes of sentencing
suggests court must use culpability to suggest seriousness

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7
Q

imprisonment for public protection

A

life sentence or imprisonmnet for public protection
serious offence
and is likely to be a risk to the public
abolished in 2012

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8
Q

criticisms of IPP

A

not right to punish for something they ‘might’ do
might violate ECHR
james, wells and lee v uk
reviewed
need rehabilitation resources

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9
Q

pleas in mitigation

A

chance to reduce sentence by talking about mitigating factors

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