Unit 4- AC 2.2

Question 1

what are the 6 aims of sentencing?

Answer 1

1. retribution (expressing societies outrage at the crime)
2. rehabilitation (making offenders change their behaviour)
3. deterrence (discouraging future offending)
4. public protection
5. reparation
6. denunciation

some intend to reduce crime, some think criminals should always be punished regardless if crime is reduced

Question 2

what is retribution?

Answer 2

paying back to society

involves inflicting punishment in order to pay back for their misdeeds

offender should suffer because they have broken society’s moral code

offences should be proportionate to the crime led to the tariff system

coroners and justice act 2009 makes it a legal requirement for courts to follow the tariff guidelines

contains an element of revenge

Question 3

what are mitigating and aggravating factors?

Answer 3

aggravating- make offender more culpable leading to more harsh sentences e.g use of a weapon, amount of harm done

mitigating- make the defendant less culpable leading to more lenient sentences e.g mental illness, young age, showing genuine remorse

Question 4

what is an example from the tariff system?

Answer 4

up to £500 stolen (cat 4) minimum sentence is a band B fine and maximum sentence is 36 weeks custodial sentence

over £100,000 stolen (cat 1) minimum sentence is 6 months custodial sentence and maximum sentence is 6 years custodial sentence

Question 5

what would different theories say about retribution?

Answer 5

right realism: rational choice so must suffer the outrage of society for what they have chose to do, zero tolerance so deserve what they get

durkheim ( functionalists):

interactionists (labeling theory):