Sentencing

Question 1

What are the four aims of sentencing?

Answer 1

1. Retribution
2. Deterrence
3. Protection of society
4. Reparation

Question 2

Describe Retribution as an aim of sentencing

Answer 2

This is the idea that someone has done wrong and should be punished. Therefore they should get a sentence that their level of fault deserves

Question 3

What are the two types of deterrence?

Answer 3

Individual deterrence (aims to prevent the offender from reoffending) 
general deterrence (aims to deter others from offending

Question 4

Describe rehabilitation as a aim of sentencing

Answer 4

This is trying to reform the offender. Example include eduction for prisoners, drug offender groups and community services

Question 5

Describe the protection of society aim of sentencing

Answer 5

This is when the public needs to be protected from dangerous criminals and custody is the way the legal system deals with this. The Criminal Justice act 2003 can give extended sentences to criminals they think are still a danger to society

Question 6

What is the reparation aim of sentencing

Answer 6

This is when the needs and feeling of the victims are taken into consideration and the defendants need to provide compensation.

Question 7

What are the factors in sentencing

Answer 7

These are things that the court needs to take into consideration when giving a sentence to an offender

Question 8

Who sets out guidelines for sentencing and what are these guidelines

Answer 8

The sentencing guidelines council (imaginative) set out a range of sentencing options for an offence and the minimum, average and maximum tariffs that the courts can impose for a specific offence.

Question 9

What will be taken into account during sentencing

Answer 9

The offenders age background and any mitigating or aggravating factors. To do this the judge might look back to the pre-sentence report.

Question 10

What will aggravating factors do to a sentence?

Answer 10

Increase the severity of the sentence imposed

Question 11

What will mitigating factors do to a sentence?

Answer 11

These will decrease the severity of the sentence imposed

Question 12

Explain some aggravating factors

Answer 12

The criminal justice act sets out some aggravating factors:
Previous convictions 
Offences committed whilst on bail
Offences that involve racist or religious hostility 
Offences against a vulnerable victim 
Use of a weapon 
Repeated attacks 
Abuse of trust

Question 13

What are some mitigating factors that are set out in the criminal justice act

Answer 13

First offence
If the defendant is young or old
Defendant is vulnerable or easily influenced
Defendant showed genuine remorse and tried to compensate victim
Defendant has difficult conditions
Defendant pleaded guilty (1/3 off sentence)

Question 14

What are the 5 sentences available to a the courts

Answer 14

Custodial 
Community sentences 
Community orders 
Financial sentences 
Discharge

Question 15

What is a suspended sentence

Answer 15

When the time in prison is not active unless the defendant commits another crime

Question 16

What are discharges

Answer 16

They can be absolute or conditional and it is when the sentence imposed is lifted as there was an error in the trial