The Different Aims Of Sentencing And Which Sentences Best Achieve These Flashcards
What are the 5 aims of sentencing and according to who?
Sentencing act 2020:
- prevention of crime/deterrence
- protection of public
- retribution/punishment
- rehabilitation
- reparations
What is the aim of prevention crime/deterrence
To reduce crime by ‘scaring’ potential offenders with the prospect of punishments
What are the 2 types of deterrence
- individual deterrence
- general deterrence
What is individual deterrence
- imposing a sentence onto D to put them off reoffending in the future
What is general deterrence
- imposing a sentence onto D to send a message to others and stop them from offending themselves.
When is deterrence best achieved
- by unpleasant sentences such as custodial sentences or unpaid work , where D can visibly be seen as punished
What is protection from society?
And how is it achieved
- ensuring dangerous offenders can’t further harm society
- through custodial sentences the keep D away from society
What is retribution/punishment
Similar to ‘revenge’ matching the punishment to the crime ‘eye for an eye”
What does ‘eye for an eye”mean
Best sentence depends on the exact nature of the crime
Murder - should have life sentence or death sentence
‘Life for life’
Rehabilitation aim?
Belief an offender can be reformed into a productive member of society
What best achieves rehabilitation
Community sentences ensuring iffenders receive help for there issues such as substance abuse and building links within there community
Concept of reparation?
- concept of compensation for a crime
Example of reparation? And how
If offender commits theft he should return or pay amount equal ti what he took
Through fine/compensation order,unpaid work