Chpt 12 : Sentencing

Question 1

Name all theories for sentencing

Answer 1

retribution
denunciation
incapacitation
deterrence
rehabilitation
reparation

Question 2

Name all backward looking theories

Answer 2

retribution, denunciation

Question 3

Name all forward looking theories

Answer 3

incapacitation
deterrence
rehabilitation
reparation

Question 4

What is the aim of retribution

Answer 4

punishment

Question 5

What is the aim of denunciation

Answer 5

Society expresses its disapproval; reinforces moral boundaries

Question 6

What is the aim of incapacitation

Answer 6

Offender is incapable of committing crime; society is protected

Question 7

What is the aim of deterrence

Answer 7

Individual – offender is deterred through fear of imprisonment.
General – potential offenders warned as there is a likely punishment

Question 8

What is the aim of rehabilitation

Answer 8

Reform offender’s behaviour

Question 9

What is the aim of reparation

Answer 9

Repayment/reparation to victim or community

Question 10

Describe offence category 1

Answer 10

Greater harm, higher culpability
e.g. GBH, murder

Question 11

Describe offence category 2

Answer 11

Greater harm, lower culpability or lower harm, greater culpability
e.g. ABH

Question 12

Describe offence category 3

Answer 12

Less harm, lower culpability
e.g. assault, battery

Question 13

How is culpability decided?

Answer 13

aggravating and mitigating factors

Question 14

What is the starting point for a category 1 offense?

Answer 14

1yr, 6 months custody

Question 15

What is the starting point for a category 2 offense?

Answer 15

26 weeks custody

Question 16

What is the starting point for a category 3 offense?

Answer 16

medium level community

Question 17

What is the starting range for a category 1 offense?

Answer 17

1-3 yrs custody

Question 18

What is the starting range for a category 2 offense?

Answer 18

low level community , 51 weeks custody

Question 19

What is the starting range for a category 3 offense?

Answer 19

B and A high level community order

Question 20

What is the reoffending rate for adult offenders?

Answer 20

55% repeat in 2 yrs. custodial sentence: 70% repeat in 2 yrs

Question 21

In what legal act is sentencing discussed?

Answer 21

CJA 2003

Question 22

What are the fine levels for summary offenses in the magistrates court?

Answer 22

level 1: £200
level 2: £500
level 3: £1000
level 4: £2500

Question 23

What are the three types of custodial sentences?

Answer 23

mandatory and discretionary life sentence
fixed term sentences
suspended sentences

Question 24

What is a discretionary life sentence?

Answer 24

for other serious offences where such as s.18 GBH where the
maximum is life sentence, but the judge has a discretion and can give lesser sentences.

Question 25

What is a fixed term sentence?

Answer 25

the judge set the number of years to be served depending on the severity of the offence, the offender’s behaviour before and after the crime. Offenders under this sentence only must serve half their sentence and usually for people 21 years and above.

Question 26

What is a suspended sentence?

Answer 26

sentence does not take effect immediately upon the condition the offender the offender does not commit any crimes within the suspended time and in the county court it is up to 2 years and in the magistrate court up to 6months suspended.

Question 27

Under what act is the community order sentence?

Answer 27

s.178 CJA 2003

Question 28

Describe aggravating factors in sentencing?

Answer 28

factors that make the crime more serious under s.143 CJA 2003 based on harm done, culpability and whether it was reasonably foreseeable

Question 29

Name aggravating factors

Answer 29

-Previous convictions -If the defendant was on bail when the crime occurred -Racial or religious hostility involved in the offence. -Hostility to disability or sexual orientation being involved.

Question 30

What are mitigating factors?

Answer 30

factors which allows the court to give a lesser punishment than would normally be given

Question 31

Name mitigating factors

Answer 31

-Where the offender co-operates with the police -mental illness of the defendant -physical illness -signs of genuine remorse -no previous convictions