sentencing

Question 1

What are the 5 aims of sentencing?

Answer 1

punishment of offenders
reduction of crime
reform and rehabilitation of offenders
protection of the public
making of reparation by offenders to persons affected by their offences

Question 2

What theory links to punishment of offenders?

Answer 2

denunciation

Question 3

What theory links to reduction of crime?

Answer 3

Detterent

Question 4

What theory links to reform and rehabilitation of offenders?

Answer 4

rehabilitation

Question 5

What theories links to protection of the public?

Answer 5

incapacitation and denunciation

Question 6

What theory links to making of reparation by offenders to persons affected by their offences?

Answer 6

retribution

Question 7

What is retribution?

Answer 7

punishment imposed only on the ground that an offence has been committed

Question 8

What are the two types of deterrence?

Answer 8

individual and general

Question 9

What is individual deterrence?

Answer 9

offender is dettered through fear of further punishment

Question 10

What is general deterrence?

Answer 10

potential offenders warned of likely punishments

Question 11

What is rehabilitation?

Answer 11

aims to reform offenders using education and employability skills

Question 12

What is incapacitation?

Answer 12

When the offender is made inapable of commiting further crime so society is preotected

Question 13

What is denunciation?

Answer 13

society expressing it’s disappointment and reinforcing moral boundaries

Question 14

What is reparation?

Answer 14

Repayment/reparation to victim or community

Question 15

What act and section number links to this topic?

Answer 15

The criminal justice act 2003 s.142

Question 16

What is an aggravating factor?

Answer 16

A factor that makes the offence more serious and therefore worsen the sentence

Question 17

What is a mitigating factor?

Answer 17

A factor that makes the offence less serious and may reduce the sentence

Question 18

What are some aggravating factors?

Answer 18

.similar previous convictions
.racially/religiously motivated offence
.disabled/sexuality prejudice involved
.vulnerable victim
.attempt to conceal or dispose of evidence

Question 19

What are some mitigating factors?

Answer 19

.D has a mental or physical illness
.D has no previous convictions
.There is evidence of genuine remorse
.If D pleads guilty asap

Question 20

What are the 2 categories of sentencing?

Answer 20

custodial and community

Question 21

Name the 5 custodial sentences

Answer 21

whole life tariff
.mandatory life
.discretionary life
.fixed term
.suspended prison sentences

Question 22

Name the 3 community sentences

Answer 22

.community orders
.fines
.discharges

Question 23

What is a whole life tariff?

Answer 23

Where D is not eligable for release at all

Question 24

What is a mandatory life sentence?

Answer 24

Issued for murder. A judge is only allowed to impose life sentences and they can suggest the min number of years D serves before being eligible for release

Question 25

What is a discretionary life sentence?

Answer 25

Issued for serious offences (eg s.18 offences against the persons). Max sentence is life but judge has discretion in sentencing and can give a lesser sentence where appropriate

Question 26

What is a fixed term?

Answer 26

Imprisonment for a fixed number of years or months based on the seriousness of the crime

Question 27

What is a suspended prison sentence?

Answer 27

The sentence doesn’t take effect immediately, the court will fix a time for it. The sentence can be up to 2 years (max 6 moths in magistrates)

Question 28

What are community orders?

Answer 28

can be anywhere between 40-300 hours. The aim is for the offender to give back to the community. These activities include:
.unpaid work requirement
. a program requirement
.a residence requirement

Question 29

What are fines?

Answer 29

The most common way to dispose of a case. D’s financial situation is assessed in pre trial procedures and they are then ordered to pay a fine they can afford to pay, usually at a set date every week

Question 30

What are discharges?

Answer 30

The court discharges an offender on the condition that no other offence is committed within a three year perio

Question 31

Advantages of custodial sentences (5)

Answer 31

.punishes
.reforms
.protects public
.serves justice
.can get an education

Question 32

Disadvantages of custodial sentences (5)

Answer 32

.expensive
.deprives of right to liberty
.gang networks
.often reoffend
.taxpayer money for education

Question 33

Advantages of community sentences (5)

Answer 33

.punishment suits the offence
.a deterrent
.stops prison population rising
.benefit community
.flexible to the offender

Question 34

Disadvantages of community sentences (5)

Answer 34

.ineffective
.fines are classist 
.not harsh enough
.don't turn up 
.hard to police curfews

Question 35

What are the five theories behind sentencing?

Answer 35

.denunciation
.incapacitation
.retribution
.deterrents
.rehabilitation

Question 36

Where are the aims of sentencing defined?

Answer 36

S.142 CJA