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legal and criminal justice systems > sentencing and punishment > Flashcards

sentencing and punishment Flashcards

1
Q

what are the 6 goals of sentencing?

A
  1. deterrence - individual or general
  2. incapacitation - protection from dangerous people?
  3. rehabilitation - change need to commit crime
  4. desert - deserving of punishment
  5. denunciation - expression social values through punishment
  6. proportionality principle - does not mean same sentence from same offence
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2
Q

What is the first purpose of sentencing according to Section 142 of the Criminal Justice Act?

A

punishing offenders

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3
Q

how does sentencing aim to reduce crime?

A

reduction of crime i.e. deterrence meaning that the fear of punishment may discourage individuals from committing crimes

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4
Q

what is meant by the reform and rehabilitation of offenders in the context of sentencing?

A

aim of helping offenders change their behaviour and reintegrate into society, reducing the likelihood of reoffending

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5
Q

why is the protection of the public considered an aim of sentencing?

A

ensure that offenders who pose a risk to society are managed in a way that minimises that risk

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6
Q

what does making reparation by offenders entail?

A

providing compensation or restitution to those affected by their crimes, acknowledging the harm caused and taking steps to make amends

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7
Q

who are the sentencers?

A
  • magistrates
  • judges
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8
Q

What does “broad judicial discretion” refer to in the context of sentencing?

A

flexibility judges have in deciding sentences, allowing them to consider various factors and choose from a range of options, often described as a “pick and mix” approach under the Criminal Justice Act 2003

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9
Q

How do statutory maximum sentences affect judicial discretion?

A

Statutory maximum sentences set an upper limit on penalties for offences, but since offenses are broadly defined, judges have significant leeway to vary sentences within that limit based on the specifics of each case.

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10
Q

What role do guidelines and the sentencing council play in constraining judicial discretion?

A

help standardise sentencing practices, providing frameworks that judges are encouraged to follow

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11
Q

What is the general trend regarding appeals in the context of sentencing?

A

hesitance to interfere with sentences on appeal common for sentences to become more severe as cases progress to higher levels in the court system

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12
Q

What are aggravating and mitigating factors in sentencing?

A

Aggravating factors are circumstances that increase the severity of a sentence i.e. previous convictions. Mitigating factors are circumstances that may reduce the severity of a sentence i.e. no prior offences

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13
Q

what is the ‘guilty plea discount’?

A

reduction in sentence for defendants who plead guilty, acknowledging their crime and saving court resources, which can result in a lesser penalty compared to those who go to trial

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14
Q

What is the legal duty outlined in CJA 2003 s.174 regarding sentencing?

A

imposes a legal duty on judges to provide reasons for their sentencing decisions, ensuring transparency and accountability in the judicial process

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15
Q

What is a pre-sentence report (PSR)?

A

document prepared by probation officers that provides background information about the offender, including their personal circumstances, criminal history, and the impact of the crime, to assist the judge in making an informed sentencing decision

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16
Q

How do victim impact statements (VIS) and antecedents play a role in sentencing?

A

allow victims to express how the crime has affected them, which can influence the severity of the sentence. Antecedents refer to the offender’s previous behavior and criminal history, which can also inform the judge’s decision

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17
Q

What does the term “tariff” refer to in sentencing?

A

guideline that establishes a proportional sentence for specific offenses, helping to ensure consistency and fairness in sentencing

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18
Q

How does time held on remand affect sentencing?

A

often counted as part of the sentence, meaning that any time already served can reduce the total time an offender is required to spend in custody after sentencing

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19
Q

What is the full process of sentencing at the Crown Court as outlined in the Crown Court Compendium Part 2?

A

The full process includes various steps such as the consideration of aggravating and mitigating factors and to provide reasons for the sentence, ensuring a comprehensive approach to determining appropriate penalties

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20
Q

What is the Minnesota grid?

A

A structured framework used to determine appropriate sentences for various offences, regularly revised by the Minnesota Sentencing Guidelines Commission (MSGC)

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21
Q

How does the Minnesota grid predict prison populations?

A

It employs mathematical models that can predict next year’s state prison population to within 1%

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22
Q

What is the purpose of periodic adjustments to the Minnesota grid?

A

To ensure that prisons do not become overcrowded

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23
Q

Is the “security level” based on the offence rather than the individual fair?

A

This raises questions about fairness, as it may not account for the unique circumstances of each offender.

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24
Q

What is the main debate surrounding the Minnesota grid?

A

The balance between consistency in sentencing and the consideration of individual characteristics of offenders.

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25
Q

What is the legislative framework for sentencing in the UK?

A

criminal justice act 2003

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26
Q

What is the purpose of the Criminal Justice Act 2003?

A

To reform the sentencing process and provide a structured approach to sentencing offenders

26
Q

What role does the Sentencing Council play in the UK?

A

provides guidelines for judges to ensure consistency and fairness in sentencing

27
Q

How does the Sentencing Council influence sentencing decisions?

A

By issuing guidelines that judges must consider when determining sentences for various offences

28
Q

Why is consistency in sentencing important?

A

It ensures that similar offences receive similar penalties, promoting fairness in the legal system

29
Q

What must the court consider when assessing the seriousness of an offence according to Section 143 CJA 2004?

A

The court must consider the offender’s culpability in committing the offence and any harm caused, intended, or foreseeably caused by the offence

30
Q

How does Section 143 CJA 2004 treat previous convictions in relation to the current offence?

A

Each previous conviction is treated as an aggravating factor if the court considers it reasonable to do so

31
Q

What factors does the court consider when treating previous convictions as aggravating factors?

A

The nature of the previous offence and its relevance to the current offence, as well as the time elapsed since the conviction

31
Q

What is the significance of an offender’s culpability in the court’s assessment of an offence?

A

It helps determine how serious the offence is based on the offender’s level of responsibility

32
Q

Q: What is the title of the document that discusses crime, justice, and protecting the public?

A

Crime, Justice, and Protecting the Public (Cmd. 965, 1990)

33
Q

What key observation is made about the nature of much crime in the document?

A

Much crime is committed on impulse, often due to opportunities like open windows or unlocked doors

34
Q

According to the document, how do many offenders approach their criminal behaviour?

A

Offenders often live moment to moment, and their crimes are impulsive, reflecting their overall lifestyle

35
Q

Why is it considered unrealistic to construct sentencing arrangements based on rational calculation?

A

Because many offenders do not weigh the possibilities in advance; their actions are often impulsive rather than premeditated

36
Q

What is a notable change in considerations from the CJA 1991 to the CJA 2003?

A

There are many more considerations in the CJA 2003 compared to the CJA 1991

37
Q

What question is raised about the deterrence objective in the CJA 2003?

A

Is the deterrence objective supported by evidence, or is it contrary to it?

38
Q

What compatibility concerns are associated with the objectives of the CJA 2003?

A

Are all the objectives compatible with each other, or are some potentially prejudicial or prone to bias?

39
Q

What issue is highlighted regarding the clarity of the CJA 2003?

A

The act is considered unclear to the point of requiring ever-constricting guidelines

40
Q

What significant introduction did the CJA 2003 make regarding sentencing?

A

It introduced Indeterminate Sentences for Public Protection (IPP)

41
Q

What does Section 225 of the Criminal Justice Act state regarding life sentences?

A

It states that a life sentence or imprisonment for public protection applies to serious offences committed by a person aged 18 or over

42
Q

Under what conditions does Section 225 apply?

A

it applies if the court believes there is a significant risk to the public of serious harm from the offender committing further specified offences

43
Q

What must the court do if a case does not fall within certain subsections of Section 225?

A

The court must impose a sentence of imprisonment for public protection

44
Q

How is a sentence of imprisonment for public protection defined?

A

It is defined as a sentence of imprisonment for an indeterminate period, subject to specific provisions regarding the release of prisoners and the duration of their licences

45
Q

What change was made to IPP sentences under the Criminal Justice and Immigration Act 2008?

A

they became discretionary

46
Q

When were IPP sentences abolished, and under which act?

A

IPP sentences were abolished under Section 123 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

47
Q

As of March 2024, how many prisoners are still held on IPP sentences?

A

There are 2,796 prisoners still held on IPP sentences

48
Q

What is notable about the majority of prisoners serving IPP sentences?

A

All but 35 of these prisoners are over their original tariff, meaning they were given a recommended jail term but are serving much longer

49
Q

What issue arises from the nature of IPP sentences regarding tariffs?

A

It results in vastly over-tariff sentences, where prisoners can serve infinitely more than their recommended jail term

50
Q

Can we punish or incarcerate someone for what they might do in the future?

A

ethical questions occur about the justification for punishing individuals based on predictions of future behaviour

51
Q

Why is the prediction of future dangerousness considered unreliable?

A

Predictions can lead to false negatives (failing to identify someone who is dangerous) and false positives (wrongly identifying someone as dangerous)

52
Q

How might indeterminate sentences violate Article 5 of the ECHR?

A

They could be seen as a violation because individuals may be detained without a clear end date affecting their liberty

53
Q

What does the case James, Wells, and Lee v UK (ECHR 340, 2012) illustrate regarding indeterminate sentences?

A

The judgment indicates that the lawfulness of such sentences must depend on how well the risk to the public is addressed during detention

54
Q

What issues arise regarding rehabilitation resources for those serving indeterminate sentences?

A

There may be insufficient resources available to support rehabilitation, which is necessary for eventual release

55
Q

Does the nature of indeterminate sentences result in a reversal of the burden of proof?

A

Yes, it raises the question of how individuals can prove their safety to be released, which can be a significant challenge

56
Q

What do Edens et al. say about the accuracy of predictions regarding future violent acts?

A

They argue that despite advances in risk assessment, claims that a defendant is likely to commit future violent acts are often highly inaccurate and ethically questionable. Research shows that structured risk assessment measures may not significantly improve prediction accuracy

57
Q

What is a plea in mitigation?

A

an opportunity for the defendant to present mitigating factors or reasons that could lead to a reduced sentence, often emphasising their positive qualities or circumstances

58
Q

How does the concept of being a “good person” relate to pleas in mitigation?

A

The idea of being a “good person” can be used to argue for leniency in sentencing, highlighting the defendant’s positive traits and past behaviour to evoke sympathy

59
Q

Why is the relevance of information in a plea in mitigation important?

A

The relevance of the information presented can significantly influence the judge’s or jury’s perception, potentially impacting the severity of the sentence

60
Q

Is the use of empathy and emotion in a plea in mitigation manipulative?

A

some argue it can be manipulative, while others believe it introduces a necessary human element into the judicial process

61
Q

What are the concerns regarding the use of a short film in a plea in mitigation?

A

The concern is whether a short film may be too emotive or manipulative, potentially swaying the decision-making process unfairly

legal and criminal justice systems (18 decks)

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