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Law > Sentencing- Types and aims > Flashcards

Sentencing- Types and aims Flashcards

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1
Q

Which act sets out the key aims of punishment?

  • act
  • section
A

S142 of criminal justice act 2003

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2
Q

Where will a judge look to first to establish a sentence for offenders?

A

Sentencing council guidelines

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3
Q

What factors may a judge take into consideration when passing sentence?
-8 points

A
  • seriousness
  • harm caused to victim
  • level of blame
  • previous convictions
  • personal circumstances
  • remorse
  • guilty plea
  • will they alter their behaviour?
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4
Q

What’s an aggravating factor?

Give 3

A

Factors which may worsen the sentence

  • drunk
  • planned
  • injury involved
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5
Q

What’s a mitigating factor?

Give 3

A

Factors which may lessen the sentence

  • remorse shown
  • spur of the moment
  • little damage/ injury
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6
Q

How much will a guilty plea reduce a defendants sentence by?

A

1/3 if it’s made at the first opportunity
If serious may reduce by 20%
Plead guilty at the last opportunity get 1/10 off

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7
Q

Reasons for discounted factors

- 4 points

A
  • avoids need for trial
  • saves money
  • saves victims
  • saves time between trial and sentencing
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8
Q

5 aims of punishment

A
  • deterrence
  • reform
  • retribution
  • reparation
  • protection
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9
Q

What is retribution?

A

Offender deserved punishment for the act

Punishment is in proportion to the crime

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10
Q

What occurred in 2009 by the sentencing council?

A

Tariff sentences: level of sentencing

Starting point and range for offences

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11
Q

What is the aim of reform/rehabilitation?

A

Main aim of the penalty is to reform the offender and rehabilitate into society again

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12
Q

Negatives of this punishment

- 2 points

A
  • inconsistency in sentencing

- discriminate against under privileged

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13
Q

What is the aim of protection?

A

To protect society from dangerous people

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14
Q

What did the Criminal Justice act 2003 introduce?

  • 3 points
A
  • provision for serious offences so court must send D to prison
  • extended sentences to protect people
  • exclusion orders (R V Winkler) in Manchester committed affray banned from stadiums for 6 years
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15
Q

What’s the aim of deterrence?

A

To see her that the offender does not re-offend through fear of future punishment

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16
Q

What are the two types of deterrence and what is their aim?

A

General deterrence: aimed at preventing other potential offenders from committing crimes

Individual deterrence: Aimed to help the offender but reducing future levels of crime

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17
Q

Re-offending facts?

- 2 points

A
  • 55% of adult prisoners re-offend within 2 years of release
  • 70%+ of young offenders given custodial sentence re-offend within 2 years
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18
Q

What’s reparation?

A

Aimed at compensating the victim of the crime usually a sum of money or to make restitution

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19
Q

What the acts and sentence explaining reparation?

A

S130 of powers of criminal courts (sentencing) act 2000

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20
Q

What does this act state?

A

Courts under a duty to give reason for a no compensation order

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21
Q

What does denunciation mean?

A

Society expressing its disapproval of criminal activity

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22
Q

Groups that have a role to play in sentencing

- 7 groups

A
  • Judiciary
  • Parliament
  • Parole Board
  • Probation Service
  • Youth Offending Teams
  • Crown Prosecution Service
  • Ministry of Justice
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23
Q

Who are the judiciary?

A

Judges and magistrates

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24
Q

What is their role?

A

Pass sentences appropriately working within the laws set by parliament and follow sentencing guidelines where they exist

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25
Q

What is parliament responsible for?

A

Responsible for bringing in laws by producing legislation

26
Q

Which act established the sentencing framework for England and Wales?

A

The coroners and justice act 2009

27
Q

What has this act introduced?

A

Set of rules about different types of sentences

Introduced minimum and maximum sentences for criminal offences

28
Q

Who is the parole board?

A

Independent body that assesses the risks of releasing prisoners and helps decide whether they can be safely released from prison

29
Q

What does do they do?

A

Protect the public and manage

30
Q

Who is the probation service?

A

The national probation service manages high risk offenders released into the community

31
Q

What do youth offending teams do?

A

Supervise young people and help them tackle specific problems to prevent further offending

32
Q

Who makes up a youth offending team?

A

Police, probation services, social services, health, education, drugs and alcohol misuse and housing officers

33
Q

What are the CPS responsible for?

A

Responsible for prosecuting criminal cases investigated by the police

34
Q

What is the ministry of justice?

A

Government department responsible for criminal, civil and family justice, democracy and rights

35
Q

What is their responsibility?

- 2 points

A

Responsibility for the different parts of the justice system
Responsible for making new laws, strengthening democracy and safeguarding human rights

36
Q

4 main types of sentencing

A
  • custodial
  • community
  • fines
  • discharge
37
Q

Case study for individualised sentencing

A

R V Morgan 1990

38
Q

What is community sentencing?

A

Person can serve their sentence out of prison under close supervision.

39
Q

What are the two types of discharge?

A
  • conditional discharge

- absolute discharge

40
Q

What does conditional discharge mean?

A

Offender is released but could be brought back into the court if another offence is committed working 3 years

41
Q

What does absolute discharge mean?

A

Means that the judge has decided that no useful purpose would be served by another means of sentence

42
Q

What’s a suspended sentence?

A

Court will delay the sentence which the offender may be able to change their circumstances so that a sentence will not be necessary

43
Q

Advantages of a custodial sentence

  • 2 points
A
  • effective in removing threats from society

- possibility of rehabilitation

44
Q

Disadvantages of custodial sentences

  • 3 points
A
  • offenders learn to commit more crimes
  • lack of resources in prison
  • prisons are overcrowded
45
Q

Advantages of fines

  • 3 points
A
  • simple
  • doesn’t harm lives as much
  • avoids overcrowding in prisons
46
Q

Disadvantages of fines

  • 3 points
A
  • frequently unpaid
  • harder on the poor than the rich
  • hard to collect
47
Q

Advantages of community sentences

  • 3 points
A
  • help to relieve overcrowding in prison
  • puts more responsibility on the offender
  • avoids forcing offenders to mix with hardened criminals in prisons
48
Q

Disadvantages of community sentences

  • 2 points
A
  • saves money

- law is seen as ‘soft’

49
Q

Advantages of discharges and deferrals

  • 3 points
A
  • treats offenders as individuals
  • gives them a second chance
  • avoids mixing with hardened criminals
50
Q

Disadvantages of discharges and deferrals

  • 2 points
A
  • seen as too Lenient

- can be seen as indecisive

51
Q

If 18-21 where are young offenders kept?

A

Young offenders institute

52
Q

4 main types of custodial sentencing

A
  • mandatory life sentence- for murder it is compulsory
  • discretionary life sentence- lowering of a sentence if judge sees it necessary
  • fixed term sentence- set time in prison- only serve half in prison and do the rest in society
  • suspended sentence- of up to two years- doesn’t take effect immediately
53
Q

When are custodial sentences used?

A

Last resort according to section 152 of the criminal justice act 2003

54
Q

What is a life sentence?

A

Judge may specify minimum term that an offender must spend in prison before eligible for parole
Usually spend half in prison and half in community

55
Q

What’s a mandatory life sentence?

A

Judge will set a minimum term before they can be considered for release by parole board

56
Q

Does an offender serving life remain on licence?

If so how long for?

A

Yes

Rest of their life

57
Q

What is a whole life order?

A

The crime was so serious that the person will never be released from prison

58
Q

Give one example of a mandatory life sentence

A

Rose west

59
Q

What occurred?

  • 4 points
A
  1. Given life sentence in 1995
  2. Increased to whole life term
  3. In 2002 given parole for 2012
  4. Declared life prisoner when this changed in 2008
60
Q

Give another example of a mandatory life sentence

A

Beverly Alliott (angel of death)

61
Q

What occurred?

  • 4 points
A
  1. Convicted of murder in 1993
  2. Judge recommended a minimum of 40 years
  3. Made an appeal in 2006, in 2007 high court ruled she would serve at 30 years in prison
  4. Can’t apply for parole until at least 2022

Law (12 decks)

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