Ac 2.3 Flashcards

(63 cards)

1
Q

Punishments available

A

Imprisonment- mandatory and discretionary life sentences, fixed tern and indeterminate sentences, suspended sentences
Community sentences- unpaid work, curfew, drug treatment and testing, supervision
Fines-depend on financial circumstances of the offender and seriousness of offences
Discharges- conditional, where the defendant reoffends during a set period of time the courts can impose a different sentence. Absolute, where no penalty is imposed as the defendant is guilty but morally blameless

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2
Q

What are the two factors that the courts must take into account when deciding on the type of sentence

A

Aggravating factors:
Position of power
Racially motivated
Previous convictions
Harm to victim
Likelihood of reoffending
Mitigating factors:
Upbringing
Trauma
Motivation
Cooperation with police
Disability
Young offenders
Remorse

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3
Q

When is imprisonment used

A

Prison sentences are handed down by courts for the most serious offences or when the court believes the public must be protected by removing the offender from society

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4
Q

What percentage of prisoners in the uk were convicted of sexual or violent offences

A

Almost 50%

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5
Q

What are the three types of prison sentences

A

Indeterminate and life
Determinate
Suspended

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6
Q

Life sentences
What is the minimum time a judge sets for a life sentence before parole consideration

A

15 years

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7
Q

Who assesses whether it’s safe to release a prisoner on parole

A

The parole board

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8
Q

What conditions must a prisoner follow if released on license

A

Good behaviour
Not reoffending
Regular testing and meetings

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9
Q

How long does a person remain on license after being released from a life sentence

A

Rest of their life

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10
Q

What happens if a person breaks the terms of thier license

A

Returned to prison or fined

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11
Q

What are mandatory life sentences

A

Must be given to offenders who are found guilty of murder
Can also be given for other serious offences such as rape
Means they will never be released

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12
Q

What are indeterminate sentences

A

Introduced in 2005
Set a minimum time that the offender must serve in prison
No automatic right to be released after the minimum term has been served
Parole board will decide if the defendant is no longer too dangerous and able to be released on license
IPP sentences were ruled unlawful in 2012 and the sentence was abolished, some argue they’re against human rights and they can also lead to overcrowding in prisons

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13
Q

What types of crime was this given out for

A

Minor crimes
Shoplifting
Fighting

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14
Q

What were they supposed to do

A

Keep dangerous criminals in until proven better

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15
Q

What is the cost of keeping IPP prisoners in jail

A

119 million

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16
Q

What are indeterminate sentences

A

Introduced in 2005
Set a min time that the offender must serve in prison
No automatic right to be released after the minimum term has been served
Ruled unlawful in 2012 as some argue its against human rights and can lead to overcrowding in prisons

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17
Q

What types of crime was this given out for

A

Minor crimes
Shoplifting
Fighting
Criminal damage under 20£

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18
Q

What were they supposed to do

A

Keep dangerous criminals in until proven better

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19
Q

What us the cost of keeping IPP prisoners in jail

A

119 million

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20
Q

According to Joel Samual QC what would be a better way of ensuring the safety of the public

A

Releasing IPP and supervising them

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21
Q

What senteces are the most dangerous criminals serving

A

Discretionary sentences or life

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22
Q

What happened in Michael hoods case

A

Had a 3 year minimum and served 7 years

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23
Q

According to hood what was the effect of his sentence and how he’s treated differently since release

A

Felt cut off, skinnier, on drugs
Was monitored more than others when released

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24
Q

What conditions were placed on him after he was released

A

Regular probation meetings
Not allowed to see gf

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25
What was his offending history and why did he feel he didn’t deserve an IPP
Age 12 GBH Age 20 GBH Tried to escape prison No set release date meant he had nothing to look forward to and no motivators Family suffered as well
26
What are mandatory life sentences
Must be given to an offender found guilty of murder Can also be given for serious offences such as rape While life term means they will never be released
27
What is a determinate sentence
A determinate sentence is one with a fixed length. Most prisoners in the UK serve determinant sentences.
28
In most cases not all of the sentence is served in prison, for example, 
If the sentence is under 12 months, defender is normally a released halfway through If the sentence is 12 months or more, the offender spends the first half in prison, the second half in the Community on license. If they break their license conditions, they could be recalled to prison. Offending sentence to less than two years are released on post sentence supervision for 12 months
29
What are suspended sentences?
I sent spend a sentence in the UK means that a judge has found you guilty of a crime and they decided on a prison sentence, but he’s dead of sending you to prison right away. They suspend the sentence this means you are releasing to the community under certain conditions set out in a probation order.
30
What are the key condition is usually sit out in a probation order
Eligibility you can get us a suspended sentence if you’re prison sentence would be less than 12 months and it’s only use of sentence is up to 2 years Conditions, you must follow specific rules like attending drug treatment, programs, or meeting regularly with a probation officer Consequences if you break any of these rules, you can be sent to prison to serve the original sentence In 2023, suspended sentences made up only 4% of all sentences in the UK
31
Why am I a judge to choose to impose a suspended sentence instead of a custodial sentence
First offence Overcrowding
32
What are the potential benefits of space suspended sentences for offenders and society?
Rehabilitation Save cost
33
How might the requirements imposed in a probation order help in the rehabilitation of offenders?
Positive change Being monitored
34
What challenges might arise in ensuring that offenders comply with the conditions of their suspended sentence
Lack of funding
35
Does imprisonment meet the aim of retribution?
Yes Offenders deserve punishment and it should fit the crime Takes away their freedom Imposes, unpleasant, living conditions
36
What is a reason that imprisonment may not meet the aim of retribution
How do we decide what sentence fits the crime Society disagrees about sentence length
37
Does imprisonment meet the aim of deterrence?
Yes Risk of prison deterred would be offenders Fear of punishment
38
What is one reason imprisonment may not meet the aim of deterrence
High recidivism rate nearly half of adult prisoners are reconvicted within a year Deterrence only works, if would be offenders are capable of thinking and acting rationally, but many offences are committed under the influence of drugs and alcohol, mental health issues or poorly educated. This doesn’t allow them to think carefully and consider the risk of being sent to prison.
39
Does imprisonment meet the aim of public protection?
Yes Whole life sentences keep offenders of the street Longer sentences and mandatory minimum sentences means public feel safe and criminals, have time to change 
40
What is one reason that imprisonment may not meet the aim of public protection?
Prisons can be schools for crime Prisoners can acquire skills, attitudes and contacts that lead him to offend after their release This could lead them to commit more serious offences and cause greater harm
41
Does imprisonment mean the aim of reparation?
Yes Under the prisoners earning at 2011 prisoners who are permitted to work outside of prison for the eventual release can be made payable portion of their earnings towards the cost of victim support service. This allows prisoners to take responsibility for the whole they caused.
42
What is a reason that imprisonment doesn’t meet the aim of reparation
In reality, few prisoners have the opportunity to earn money in this way, and have the funds to give back
43
Does imprisonment meet the aim of rehabilitation?
Yes Longer prison sentences allow offenders to access rehabilitation programs, like parental training and education
44
What are some reasons that imprisonment does not meet the aim of rehabilitation
England and Wales has the highest imprisonment rate in Western Europe The prison population has risen by 17,000 in the last 30 years Short prison sentences are less effective, 63% reoffend, not enough time to address complex needs that called offending Only 56% of community sentences reoffend Only one and 10 people said that having more people in prison was the most effective way to deal with crime 302 people die in prison last year and 92 of them were self-inflicted deaths Education and training, over half of prisoners, have the literacy skills of an average 11-year-old opportunities for education meaningful work and vocational training are limited Addressing offending behaviours, shortage of places on courses that address offending behaviour
45
What are community sentences?
Impose for offences which are too serious for a discharge of fine, but not so serious that a prison sentence is necessary
46
A community order given by the court will have one or more requirements. What are some examples of these?
Curfew 40 to 300 hours of unpaid work Drug testing Exclusion orders , can’t see people/places
47
Do community sentences, meet the aims of retribution
Yes Wearing high, visibility vest and community service - increases confidence in Community based punishment as it is seen by some to be a soft option
48
What are the drawbacks of publicly identified offenders to high visibility vest?
Increases risk of offenders getting attacked No evidence that shaming works Real intention is to make government look tougher and demean offenders
49
Do you community sentences me, the aim of reparation
Yes Unpaid work - they can repair repair damage. They have caused e.g. victims property Reparation could be to the whole community through unpaid work on community payback
50
Do you community sentences meet the Amie public protection?
Yes If offenders breach conditions, they are sent to prison Curfews and tagging, our means of identifying where at the vendor is, which also protects the public
51
What is a reason the community sentences with not mean the aim of public protection
They don’t lock up offenders
52
Do you community sentences me the name of rehabilitation
Yes Requires them to undergo treatment for their addiction problems Undertake training to improve job prospects 34% refund within 12 months of starting a community sentence compared to 64% for those serving prison sentences of less than 12 months Studies have shown that community sentences are more effective at rehabilitating offenders and preventing recidivism the short prison sentences
53
What are some reasons that Community sentences don’t meet the aims of rehabilitation
Number of Community orders have fallen In 2012 12. 3% of all offenders were given community sentences by 2020 This fell to 6. 6% If they are more effective than rehabilitating, why are we not using them?
54
What are fines
They are financial penalties for offending They are usually given for less serious offences, therefore are very often used by magistrate courts, but even more serious offences about 15% of those found guilty receiver fine
55
What does the size of the fine depend on?
The offence it’s self- law lays down a maximum fine for a given sentence The circumstances of the crime - sentencing guidelines, give a range of options like first offence and how much harm is done Defenders ability to pay -poor defendant will receive a smaller fine and all will be allowed to pay in instalments What court is hearing the case- magistrates courts maximum is £5000
56
Do fines meet the aim of retribution
Yes Making the offender pay is a good way of making them suffer for harm they’ve done
57
Do fines meet the aim of deterrence
Yes The use of fines are a common way of the tearing first-time offenders Fines may be used as a signal
58
Why might fines is not meet the aims of deterrence
Doesn’t deter the rich Kurt Zouma - had two cats confiscated by the RSPCA and fined £250,000 for kicking and slap in one of them This is only two weeks wages for him Not adequate deterrence
59
What happens if you fail to pay your fine
You may face prison May deduct fines from offenders benefits Send bailiffs to see the property Many finds you not get paid for example by 2016. The backlog of unpaid fines and caught surcharges had reached 747 million. Suggests that finds may not always meet the aims of punishment
60
What is a discharge?
When the court find someone guilty of a minor offence, but decides not to hand on a criminal conviction
61
What is a conditional discharge?
A type of sentence wear a coat, find someone guilty of an offence but doesn’t impose immediate punishment that only punishment is if they commit another crime over the next three years
62
What is an absolute/unconditional discharge
A court find a person guilty, but besides, no further action is necessary mean no punishment in imposed. The experience of going through court is punishment enough.
63
Do discharges meet the aim of deterrence
Yes Lowest level of punishment served as a warning for the offender Usually for first-time offenders and the experience of going through court is enough for them to amend their ways In general, there’s a low reoffending rate