Topic 2: Sentencing

Question 1

What are the 6 aims of sentencing?

Answer 1

• Reparation
• Retribution
• Denunciation
• Deterence
• Rehabilitation
• Protection of the public

Question 2

What is the aim of Retribution?

Answer 2

• Punish the offender for their behaviour
• An eye for an eye
• Punishment proportional to the crime

Question 3

What are the aims of Denounciation?

Answer 3

• Society expresses its disapproval of criminal activity

- show moral boundaries of acceptable conduct

Question 4

What are the aims of Individual Deterrence?

Answer 4

• The courts give an individual an unusually harsh sentence to deter that person from committing crimes again
• Usually a lengthy sentence or hefty crime

Question 5

What are the aims of General Deterrence?

Answer 5

• The courts give an offender an unusually harsh sentence to deter the rest of society from committing similar crimes
• Put Society off committing crimes

Question 6

What are the aims of Rehabilitation/Refromation?

Answer 6

• Changing the offenders behaviour and tackling the reasons why they committed the crimes in the hope that they won’t commit them again
• eh. Community sentences, rehab

Question 7

What are the aims of Protection Of The Public?

Answer 7

• The public needs to be protected from dangerous offenders

- May need to be removed from society or certain areas

Question 8

What are the aims of Reparation?

Answer 8

• Compensate the victim or society for the crime they have committed
• eg: money or unpaid work

Question 9

What are mitigating factors?

Answer 9

Factors that make the crime less severe and justify a more lenient sentence

Question 10

State some examples of Mitigating factors.

Answer 10

• Age of the Defendant
• No previous convictions
• Early guilty plea
• Showing remorse
• Mental illness of the Defendant
• Minor role in a crime
• Cooperating with the police

Question 11

What is an aggravating factor?

Answer 11

Factors that make the crime more serious and justify a harsher sentence

Question 12

State some examples of Aggravating factors.

Answer 12

• Use of weapons
• Vulnerable victim
• No remorse
• Previous Convictions
• Racially motivated
• Gang attacks

Question 13

What do the courts also look at when convicting a offender?

Answer 13

• Previous convictions
• Pre-sentence report (by probation)
• Sentencing guidelines

Question 14

Give examples of sentences.

Answer 14

• Mandatory life sentence
• Discretionary life sentence
• Extended sentence
• Fixed term sentence
• Minimum sentences
• Suspended sentences
• Fines
• Community orders

Question 15

Name some examples of community orders.

Answer 15

• Unpaid work
• Activity requirement
• Drug rehabilitation requirement

Question 16

What other non-custodial sentence can you have & name an advantage and disadvantage.

Answer 16

• Fines
• AD: Brings in revenue to the courts, quick penalty for a minor crime
• DIS: Magistrates don’t always use their powers to collect fines, a person can do unpaid work instead of paying the fine

Question 19

Give the advantages to custodial sentences

Answer 19

• Offenders cannot commit crimes in prison

- Opportunities to rehabilitate offenders

Question 20

Give the disadvantages of custodial sentences.

Answer 20

• Prisoners may learn new ideas for committing crimes from other prisoners
• Conditions in prisons are poor and suicide rates are high
• Budget cuts and overcrowded prisons prevent any effective rehabilitation
• There’s sometimes family breakdowns and prisoners may become homeless
• The stigma of prison means opportunities to get employment after is limited, pushing ex-offenders back into crime

Question 21

What are the advantages to community sentences?

Answer 21

• Less disruptive than custody as offender keeps living with family and can continue their job
• Most offenders given supervision orders find them useful as it allows them to talk through their problems and confront their behaviour

Question 22

What are the advantages to fines?

Answer 22

• Brings in revenue to the courts

- Quick penalty for minor crimes

Question 23

What are the disadvantages to community sentences?

Answer 23

• Tagging can be seen as degrading to the offender - though it is less degrading than prison
• Re-offending rates are still high

Question 24

What are the disadvantages to fines?

Answer 24

• Magistrate’s do not always use their powers to collect fines from pay or benefits
• The offender can do unpaid work instead of paying off debts

Question 25

Give examples of alternative powers that are available to the courts.

Answer 25

• Fines
• Discharges
• Disqualification from driving
• Compensation orders & restitution orders
• Deprivation & forfeiture orders

Question 26

What are the 2 types of discharges and what do they entail?

Answer 26

• Conditional discharge:
  No further action will be taken unless a further offence is committed. If another crime is committed, the courts will impose another punishment.
• Absolute discharge:
  No further action is taken at all. Very rarely used as a sentence!