U3AO1 - Crim Law - Sentencing

Question 1

Purposes of sanctions x5

Answer 1

• Rehabilitation
• Punishment
• Deterrence
• Denunciation
• Protection

Question 2

Define Rehabilitation

Answer 2

Restoring an offender to normal life as a law-abiding member of the community after they have engaged in criminal activity

Question 3

Define punishment

Answer 3

The infliction of pain or loss to ensure an offender is adequately penalised and held accountable for their crimes

Question 4

How is the sentencing considerations for punishment found

Answer 4

Principle of totality - sentance should reflect entire impact of offenders crimes
Principle of proportionality - sentence should reflect gravity of the offender’s criminal behaviour

Question 5

Define Deterrance

Answer 5

The act of discouraging an offender, or other individuals, from reoffending or committing similar crimes, through the imposition of a criminal sanction

Question 6

How is specific deterrence achieved

Answer 6

If the individual offender is aware of potential sanctions if they reoffend

Question 7

How is general deterrence achieved

Answer 7

If the public is aware of potential sanctions if they commit certain offences

Question 8

Define denunciation

Answer 8

The act of publicly condemning an offender’s criminal behaviour

Question 9

Define protection

Answer 9

The act of ensuring offenders do not pose a significant risk to the welfare and safety of their victims and broader society

Question 10

Define a fine

Answer 10

A sanction that requires the offender to make a monetary payment as a penalty for a criminal offence

Question 11

Ability of fines to achieve punishment x3, x2

Answer 11

• Loss of money penalises offender
• Quick payment of fine, immediate consequences
• Court can penalise offenders based of financial circumstance
• Court penalising based of finances may be unequal/unfair for offenders of the same crime
• Legal max may not be high enough to punish wealthy offenders

Question 12

Ability of fines to achieve deterrence x2, x1

Answer 12

• Financial loss can discourage offender from reoffending (specific)
• Fear of financial loss can discourage community (general)
• Legislated max may not be high enough to deter wealthy individuals

Question 13

Ability of fines to achieve protection x1, x1

Answer 13

• Deterrant effect can achieve some protection (e.g. dangerous driving fines)
• Not directly achieved, offender isn’t removed from community

Question 14

Ability of fines to achieve denuniciation x1, x2

Answer 14

• Large fine can communicate courts disapproval
• Max fine may not be high enough to show condemnation
• Offenders who can’t pay full fine limit the courts ability to denouce the behaviour

Question 15

Ability of fines to achieve rehabilitation x0, x1

Answer 15

• Not achieved, as any underlying cause of offence isn’t addressed

Question 16

Define a Community correction Order

Answer 16

A non-custodial sanction that is served by the offender in the community with certain conditions attached

Question 17

Ability of CCOs to achieve punishment x1, x1

Answer 17

• Limitation of movement and unpaid community labour can penalise offender for their actions
• CCO may not be enough punishment for a severe offence

Question 18

Ability of CCO to achieve deterrence x3, x2

Answer 18

• Inconvenience of community work and restrictions of movement and actions can discourage an offender from recommitting
• Fear of above consequences can lead to general deterrence
• Specific deterrance can be achieved by judges putting specific restrictions on an offender
• Not as severe as imprisonment
• Offender may be relieved for CCO over imprisonment

Question 19

Ability of CCO to achieve protection x1, x1

Answer 19

• Movement restrictions promotes community safety
• Not removed from community

Question 20

Ability of CCO to achieve denunication x0, x1

Answer 20

• Not achieved as it isn’t harsh

Question 21

Ability of CCO to achieve rehabilitation x2, x1

Answer 21

• Can include mental heath treatment
• Can build offender self-esteem and give skills for employment
• Rehabilitation is dependant on offenders willingness to participate and be committed

Question 22

Define imprisonment

Answer 22

A sanction that removes an offender from the community and places them in a prison for a given period of time

Question 23

Ability of imprisonment to achieve punishment x3, x0

Answer 23

• Harsh environment, liberty and movement restrictions
• Loss of contact with others
• Usually loss of employment

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Question 24

Ability of imprisonment to achieve deterrence x2, x1

Answer 24

• Harsh punishment likely discourages repeat offenders
• Harshpunishment likely discourages possible offenders
• High rate of recidivism (43.3%)

Question 25

Ability of imprisonment to achieve protection x1, x1

Answer 25

• Removed from society
• May reoffend when back in society

Question 26

Ability of imprisonment to achieve rehabilitation x1, x3

Answer 26

• Some rehab programs available
• High demand, low supply for rehab programs
• Offenders with mental health issues are often made worse by prison
• Rehab programs are dependant on participation

Question 27

Factors considered in sentencing x4

Answer 27

• Aggravating factors
• Mitigating factors
• Guilty pleas
• Victim Impact Statements

Question 28

Define Aggravating factors

Answer 28

Factors surrounding an offender or their crime that increases their culpability, and leads to a more severe sentence

Question 29

Define mitigating factors

Answer 29

Factors surrounding an offender or their crime that decreases their culpability, and leads to a less severe sentence

Question 30

Define guilty plea

Answer 30

A full admission of guilt by an accused person of an offence for which they have been charged (type of mitigating factor)

Question 31

Benefits of a guilty plea x5

Answer 31

• Prosection doesn’t have to prove guilt of accused
• Soceity saves cost and time of trial
• Victims avoid trauma of trial
• Accused avoids stress/ cost/ time of trial
• Courts worklead is reduced

Question 32

Define Victim Impact Statement

Answer 32

A written or verbal statement made to a court about the effect of an offence upon the victim