sentencing/ sentences Flashcards
6 aims of sentencing?
- retribution
- denunciation
- incapacitation and protection of the public
- deterrence
- reform and rehabilitation
- reparation
- restorative justice
retribution
This is based on the idea of punishment because the offender deserves punishment for his or her acts.
It does not seek to reduce crime or alter the offender’s future behaviour.
Retribution contains an element of revenge: society & the victim is being avenged for the wrongdoing.
retribution
This is based on the idea of punishment because the offender deserves punishment for his or her acts.
It does not seek to reduce crime or alter the offender’s future behaviour.
Retribution contains an element of revenge: society & the victim is being avenged for the wrongdoing.
denunciation
This is society expressing its disapproval of criminal activity. A sentence should indicate to both the offender & to other people that society condemns certain types of behaviour.
Incapacitation & protection of the public
The concept behind this is that punishment must serve a useful purpose.
Incapacitation means that in some way the offender is made incapable of re-offending. Of course the ultimate method of incapacitation is the death penalty which we do not have in England.
The Legal Aid Sentencing and Punishment of Offenders act (LASPO)has introduced sentences which really aim to protect the public from violent offenders.
Custodial sentences are obviously best at preventing reoffending. The Extended Determinate Sentence protects the public from offenders who have committed serious sexual or violent offences.
LASPO also introduced a new mandatory life sentence
Deterrence
This can be individual or general.
- Individual deterrence is intended to ensure that the offender does not re-offend through fear of punishment.
- General deterrence is aimed at preventing other potential offenders from committing crimes.
Both are aimed at reducing future levels of crime.
Reform and Rehabilitation
The aim here is to reform the offender & rehabilitate him or her into society.
It is a forward looking aim, with the hope that the offenders behaviour will be altered by the penalty imposed, so that he or she will not offend in the future.
- It tends to discriminate against offenders from poor backgrounds as they are seen as less likely candidates to benefit from rehabilitation.
Reparation
This is aimed at compensating the victim of crime usually by ordering the offender to pay a sum of money to the victim or to make restitution.
The concept of restitution can include making reparation to society as a whole.
Restorative Justice
This is when offenders & victims are brought together so that offenders can see the effect of their crimes & make DIRECT reparation like gardening at the victim’s house
Restorative Justice
This is when offenders & victims are brought together so that offenders can see the effect of their crimes & make DIRECT reparation like gardening at the victim’s house
factors affecting sentencing ?
aggravating and mitigating factors
Pre-sentence reports - these are prepared by the probation service for consideration before sentencing. They are more important for community sentences.
Medical Reports - this could be to check for medical or psychiatric problems. This will be put together by a doctor.
4 groups of sentences
• Custodial
• Community
• Fines
• Discharges
custodial sentences
A custodial sentence is the most serious that can be imposed & s152 of the Criminal Justice Act 2003 says that the court must not pass a custodial sentence unless it is of the opinion that the offence is so serious that a prison sentence can be justified. They must give a REASON.
what are aggravating factors and mitigating factors?
Aggravating factors which can increase the minimum term include: vulnerable victim.
A mitigating factor could be that the defendant only intended to cause grievous bodily harm.
different custodial sentences…
- The only sentence that can be given for a murder is life if you are aged over 18 years. This is known as a MANDATORY sentence as it is FIXED.
- Discretionary life sentences: These can be given for manslaughter, rape & robbery. The MAXIMUM sentence is life but the judge does not have to impose it
- Fixed term sentences: Imprisonment is then for a set number of months or years. It is called a fixed term sentence. Prisoners do not normally serve the whole sentence but half. The duration will depend on the seriousness of the crime and the defendants previous record.
- Home detention curfew:
The Crime & Disorder Act 1998 introduced early release from prison on condition that a curfew condition is included. They are designed to help early released prisoners to structure their lives more effectively. It also reduces the prison population.. - Suspended prison sentences:
You don’t actually go to prison unless you breach the terms of the suspension. It is for a max of 2 years.
