#Exam 1- Sentencing

Question 1

What are the 6 purposes of sentencing

Answer 1

Retribution 
Deterrence 
Rehabilitation 
Protection of the public 
Reparation
Denunciation

Question 2

What is the aim of retribution

Answer 2

Punishment imposed for the offence committed

Question 3

What is the aim of deterrence

Answer 3

The offender is deterred from committing another crime as well as society is deterred from committing that crime

Question 4

What is the aim of rehabilitation

Answer 4

Reform someone’s behaviour

Question 5

What is the aim of protecting the public

Answer 5

Offender is Incapable of committing further offences

Society is protected

Question 6

What is the aim of reparation

Answer 6

Repayment to victim or community

Question 7

What is the aim of denunciation

Answer 7

Society reinforcing its moral boundaries

Question 8

What is a suitable punishment for retribution

Answer 8

Sentence proportionate to the crime ( tariff sentences )

Question 9

What is a suitable punishment for deterrence

Answer 9

Long sentence as an example to others

Heavy fines

Question 10

What is a suitable punishment for rehabilitation

Answer 10

Individualised sentence as well as community order

Question 11

What is a suitable punishment for protection of the public

Answer 11

Long prison sentences
Tagging
Banning orders

Question 12

What is a suitable punishment for reparation

Answer 12

Compensation order

Unpaid work

Question 13

What is a suitable punishment for denunciation

Answer 13

Reflects blameworthiness for an offence

Question 14

What are mitigating factors affecting sentencing

Answer 14

Mental illness of defendant
Physical illness
No prior convictions
Evidence of genuine remorse

Question 15

Evidence of aggravating factors

Answer 15

Previous convictions of a similar nature
D was on bail when offence was committed
Racial hostility
Religious hostility
Hostility to homosexuals and people with disabilities

Question 16

Does a guilty plea reduce sentence

Answer 16

Yes

Question 17

What are aggravating factors

Answer 17

Ones which make it more likely for a higher sentence

Question 18

What are mitigating factors

Answer 18

Factors which reduce the sentence

Question 19

What do reports do In court

Answer 19

Influence a sentence, this state a defendants illness and what punishment may be appropriate

Question 20

What are the types of sentences for adult offenders

Answer 20

Custodial
Community orders
Fines
Discharges

Question 21

What are the custodial sentences

Answer 21

Mandatory life
Discretionary life
Fixed term
Suspended sentence

Question 22

What is a mandatory life sentence

Answer 22

Judge decides minimum amount of years D has to serve, it can range from full life to 12 years

Question 23

What will make a murder have the sentence of life in prison

Answer 23

Child abduction
Sexual motive with a child
A murder for a political, racial or ideological reason

Question 24

What must be considered when deciding the sentence

Answer 24

Mitigating and aggravating factors

Question 25

What governs sentencing terms

Answer 25

Criminal justice act 2003

Question 26

What is a discretionary life sentence

Answer 26

A life sentence which can be given at judges discretion, it is for crimes such as GBH

Question 27

What is a fixed term sentence

Answer 27

Length depends on certain factors , it is dependant on nature of crime and what the maximum sentence is for that crime. D has ability to be released after half of sentence

Question 28

What is an indeterminate sentence

Answer 28

No fixed length of time they must serve maximum amount of time before being considered for parole

Question 29

What is an extended sentence

Answer 29

When D is guilty for a sexual or violent offence, judge can decide length of sentence depending on danger to public

Question 30

What is the minimum sentence for murder

Answer 30

15 years

Question 31

What is the minimum sentence for arson and fraud

Answer 31

10 years

Question 32

What is a suspended sentence

Answer 32

time is given outside of prison where if they commit any petty crime they are sent straight to prison

Question 33

What are the types of Community orders

Answer 33

Unpaid work Prohibited activity requirement curfew requirement supervision requirement

Question 34

who can community orders be given too

Answer 34

Anyone over 16

Question 35

What is unpaid work

Answer 35

anything between 40 and 300 hours, it is at magistrates discretion and will depend on local requirements what the work is

Question 36

what is prohibited activity requirement

Answer 36

Stops defendant doing certain things, or going certain places ie in 2006 a defendant was banned from carrying ink, dye or marker pens as he was a graffiti artist

Question 37

what is curfew requirement

Answer 37

when someone is electronically tagged so that they can't leave the house at certain times, can be between 2-16 hours. can last up for 6 months.

Question 38

what is a supervision requirement

Answer 38

where the defendant is placed under the supervision of a prohibition officer

Question 39

what are fines

Answer 39

when the defendant is ordered to pay a certain amount, usually a set rate each week

Question 40

what is a discharge

Answer 40

either conditional or absolute discharge

Question 41

what is a conditional discharge

Answer 41

when no punishment is given however they must not re-offend within three years

Question 42

what is an absolute discharge

Answer 42

when there is absolutely no punishment when someone is guilty but morally blameless.

Question 43

what are other court powers

Answer 43

disqualification from driving compensation order forfeiture

Question 44

what are penal policy effects

Answer 44

prison population reoffending women

Question 45

how has penal policies effected prison population

Answer 45

1951- 50 of 100,000 were in prison. now this is 136 UK has largest prison population in Europe CJA tried avoiding custodial sentences

Question 46

how has penal policies effected reoffending

Answer 46

44.75 of those who go to prison re offend within one year of release those with longer then a 12 month sentence are 32% likely to reoffend

Question 47

how many men and women are in prison

Answer 47

82,000 men | 4,000 women

Question 48

why can prison be seen to be damaging for women

Answer 48

most have experienced domestic or sexual abuse damaging - 70 % have mental health issues damaging to families- 17,000 children a year separated from mothers Ineffective - 65 % reoffend