AS Law OCR: Sentencing

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What is the average 'life sentence' spent in prison?
14 years.
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Who is the longest serving prisoner?
Ian Brady - 52 years.
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Aims of Sentencing: What are the five aims of sentencing?
1) Retribution. 2) Incapacitation. 3) Deterrence. 4) Rehabilitation. 5) Reparation.
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RETRIBUTION: What is it based on? What does it contain an element of?
Idea of punishment + element of revenge.
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RETRIBUTION: The punishment should be...
Proportionate to the crime.
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RETRIBUTION: What punishment is given?
Lengthy custodial sentences.
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INCAPACITATION: What does incapacitation do?
Protects the public from dangerous individuals.
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INCAPACITATION: Who is this aimed at?
Offenders who commit sexual/violent crimes.
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INCAPACITATION: What does this stop the offender from doing?
Makes them incapable of reoffending.
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INCAPACITATION: What is the punishment?
Lengthy prison sentences.
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INCAPACITATION: What other punishments are there?
Curfew requirements, electronic tag and exclusion requirements.
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DETERRENCE: What does this prevent?
Future crimes being committed.
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What are the two types of deterrence?
1) Individual. 2) General.
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What is 'Individual deterrence'?
Aims to make the experience of punishment so unpleasant that the offender doesn't re-offend.
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INDIVIDUAL DETERRENCE: How is this achieved? (Punishments)
Long prison sentences, hefty fines and suspended sentences.
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What is 'General deterrence'?
Aims to discourage others from committing that type of offence.
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GENERAL DETERRENCE: How is this achieved? (punishments)
Overly harsh punishments.
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REHABILITATION: What does this try to achieve?
1) Reform the offender. 2) Rehabilitate them back into society.
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REHABILITATION: What can this lead to?
Inconsistency in sentencing.
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REHABILITATION: Who is this aimed at?
Young offenders.
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REPARATION: What does this aim to achieve?
Compensating the victim of the defence.
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REPARATION: How is this achieved?
1) Sending a sum of money to the V. 2) Returning stolen property. 3) Apologising to V. 4) Community service.
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FACTORS INFLUENCING SENTENCING: What are 3 General factors that are considered?
1) Seriousness of the offence. 2) Previous convictions. 3) D's financial circumstances.
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AGGRAVATING FACTORS: What are examples of 'aggravating factors'?
1) Previous convictions. 2) If offence was pre-meditated. 3) If V was a vulnerable person (Old/Disabled/Child).
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MITIGATING FACTORS: What are examples of 'Mitigating factors'?
1) If pleaded guilty. 2) If it's D's first offence. 3) If they show remorse.
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GUILTY PLEA: If the D pleaded guilty at the first available opportunity how much can they reduce their sentence by?
1/3
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GUILTY PLEA: If D pleaded guilty at start of the trial, how long can the sentence be reduced by?
1/10
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TYPES OF SENTENCES: Name the four types of sentences.
1) Custodial. 2) Community. 3) Fines. 4) Discharges.
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CUSTODIAL SENTENCES: What type of offence should these be used for? Why?
Serious offences + most serious punishment.
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CUSTODIAL SENTENCES: What offence can a judge impose a mandatory life sentence?
Murder.
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CUSTODIAL SENTENCES: What examples of crimes can you get 'life imprisonment' for?
Abduction and murder of a child.
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CUSTODIAL SENTENCES: What type of offence can you get 30 years for?
Racially aggravated murder.
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CUSTODIAL SENTENCES: What sentence do you have to serve for regular murders?
15 years.
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CUSTODIAL SENTENCES: What is a 'discretionary life sentence'?
For other serious offences (manslaughter/****/robbery) where a life sentence is desirable but a life sentence doesn't HAVE to be given.
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CUSTODIAL SENTENCES: What is a 'fixed term sentence'?
Imprisonment for a set number of years/months where D is released halfway through their sentence.
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CUSTODIAL SENTENCES: What is a 'minimum sentence'?
Minimum sentence of 7 years 18+ for dealing Class A drugs on three separate occasions and a minimum of 3 years for Burglary for the third time.
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CUSTODIAL SENTENCES: What is a 'home detention curfew'?
Early release from prison on the condition that a curfew will be included, enforced by electronic tag.
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CUSTODIAL SENTENCES: What is a 'suspended prison sentence'?
Where an offender is given a sentence which doesn't take effect immediately - the court give a fixed time during which the sentence is suspended.
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CUSTODIAL SENTENCES: What happens if the offender doesn't re-offend during the suspended sentence?
The sentence isn't served.
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CUSTODIAL SENTENCES: What happens if the offender DOES re-offend during the suspended sentence?
Have to serve the old sentence + the new sentence.
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COMMUNITY SENTENCES: What is an 'unpaid work requirement'?
Where offenders are required to work between 40-300 hours.
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COMMUNITY SENTENCES: What is an 'Exclusion requirement'?
Where offenders aren't allowed to go to certain places e.g. School, shopping centres, football grounds.
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COMMUNITY SENTENCES: What is a 'Curfew requirement'?
Ordered to remain at fixed address for 2 to 12 hours daily (electronic tag).
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COMMUNITY SENTENCES: What is a 'Programme Requirement'?
Most participate in a programme to address the offending behaviour.
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COMMUNITY SENTENCES: What is a 'Drug/Alcohol rehab requirement'?
Designed to reduce the offender's dependency on drugs and/ or alcohol.
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COMMUNITY SENTENCES: What is a 'Supervision Requirement'?
The offender is placed under supervision of a probation worker for up to 3 years.
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FINES: Which court uses this?
Magistrates Court
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FINES: What is the maximum fine the court can give?
£5000.
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DISCHARGES: What types of discharges are there?
1) Conditional. 2) Absolute.
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DISCHARGES: What is a 'conditional discharge'?
Where the court discharges the offender on the condition no further offence is committed during a set period of up to 3 years.
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DISCHARGES: What happens if the offender re-offends during the set time limit?
The court can impose another sentence in place of a discharge.
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DISCHARGES: What is an 'Absolute discharge'?
No penalty is imposed.
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DISCHARGES: When is this used?
When the D is technically guilty but morally blameless e.g. parking ticket falling from car window.
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EVALUATION: Name 3 advantages of custodial sentences.
1) Protects the public. 2) Sets an example. 3) The punishment is served for the public and the victims.
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EVALUATION: Name 3 disadvantages of custodial sentences.
1) High suicide rate. 2) Overcrowded prisons. 3) Stigma attached upon release.
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YOUNG OFFENDERS: What age are you classed as a 'young offender'?
Under the age of 21.
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YOUNG OFFENDERS: Where do 10-15 year olds go for a custodial sentence?
A secure unit.
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YOUNG OFFENDERS: Where do 15-17 year olds go for a custodial sentence?
Young offenders insitution.
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YOUNG OFFENDERS: Where do 17-21 year olds go for a custodial sentence?
Young offenders prison.
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YOUNG OFFENDERS: Where do 21+ year olds go to serve a custodial sentence?
An adult prison.
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YOUNG OFFENDERS: For minor first time offences what sentences are available?
1) Reprimands/warnings. 2) Anti-Social Behaviour Order (ASBO)
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YOUNG OFFENDERS: Who deals with these sentences? Why?
Police to avoid case going to court.
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YOUNG OFFENDERS: Who are warnings available to?
First time offenders ONLY.
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YOUNG OFFENDERS: What is 'Detention At Her Majesty's Pleasure (DAHMP)'?
Unfixed sentence where the offender is only released when it is suitable and safe.
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YOUNG OFFENDERS: What crimes are DAHMPs used?
Murder for anyone between the age of 10-17.
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YOUNG OFFENDERS: What is a 'Detention and Training Order (DTO)?
A minimum of 4 months and a maximum of 24 months imprisonment.
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YOUNG OFFENDERS: What ages are DTOs given?
15-21 (under 15 only given to repeat offenders).
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YOUNG OFFENDERS: What is a 'Young Offenders Institute'?
For offenders aged between 18-21, with a minimum sentence of 21 days.
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YOUNG OFFENDERS: What is the maximum fine available for 10-13 year olds?
Max. £250
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YOUNG OFFENDERS: What is the maximum fine available for 14-17 year olds?
Max. £1000
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YOUNG OFFENDERS:What is the maximum fine available for 18+ year olds?
Max. £5000
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YOUNG OFFENDERS: What is a 'Reparation Order'?
Requires the offender to make reparation to the victims and community through a maximum of 24 hours of community work.
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YOUNG OFFENDERS: Can a Reparation order be combined with any other punishment?
Yes.
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YOUNG OFFENDERS: When is a 'discharge' used?
For first time offenders who have committed minor offences.
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EVALUATION (CUSTODIAL): 3 reasons why custodial sentences are EFFECTIVE.
1) Prevent the offender committing a crime whilst they're detained. 2) Successful for crimes like murder. 3) Lengthy sentences.
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EVALUATION (CUSTODIAL): 2 reasons why custodial sentences AREN'T EFFECTIVE.
1) Re-offending rates are really high. 2) There's a stigma attached to being in prison.
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EVALUATION (CUSTODIAL): 3 reasons why community sentences are EFFECTIVE.
1) can tailor requirements to the offender. 2) curfew requirements makes it difficult to re-offend. 3) drug requirements help to solve issues which leads to young people committing crime.
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EVALUATION (CUSTODIAL): 3 reasons why community sentences AREN'T EFFECTIVE.
1) Not a long term fix. 2) Only lasts up to 6 months. 3) Case load is too big so supervision isn't very effective.
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EVALUATION (FINE): Why aren't fines successful?
They're usually paid by their parents instead of the offender.
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Other cards in this set

Card 2

Front

Who is the longest serving prisoner?

Back

Ian Brady - 52 years.

Card 3

Front

Aims of Sentencing: What are the five aims of sentencing?

Back

Preview of the front of card 3

Card 4

Front

RETRIBUTION: What is it based on? What does it contain an element of?

Back

Preview of the front of card 4

Card 5

Front

RETRIBUTION: The punishment should be...

Back

Preview of the front of card 5
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