Punishment of offenders (retribution), reduction of crime (deterrence), reformation of offender (rehabillitation), protection of public.
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What is a tariff?
The level of punishment imposed or recommended for an offender.
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What is the difference between general deterrence and individual deterrence.
General deterrence is aimed at preventing other potential offenders from committing crimes, this is done by issuing a hard sentence. Individual deterrence is making sure the individual doesnt reoffend.
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What is general deterrence in conflict with?
General deterrence is in conflict with the idea of retribution as the sentence given is often more than what is required and therefore this can be seen as unjust.
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What are the categories of offence?
Category 1- Greater harm and high culpability 1-3 years. Category 2- Greater harm and low culpability or lesser harm and high culpability (26-51 weeks custody.) Category 3- Lesser harm and low culpability (Community order-fine)
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What is different about reformation and rehabilitation that is different to the other aims
Rehabilitation is a forward looking aim, aiming to reduce crime.
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What is reparation?
Where an offender compensates the victim of society for the offending behaviour through usually a fine.
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What is denunciation?
Expressing society's disapproval of an offenders behaviour.
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What does the judge have to consider when deciding to what sentence to give?
1) The offenders background. 2) The offence. 3) Sentencing guidelines.
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What is an aggravating factor
An aggravating factor is a variable in the offence which could make the case more serious and could lengthen the sentence given.
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What are examples of aggravating factors?
The offender being part of a group/gang. Any vulnerable victims such as young children. A public servant (police)
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What is a mitigating factor?
Factors which make the sentence lighter.
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What are examples of mitigating factors?
Co-operating with police, mental illnesses, physical illnesses, having no previous convictions, genuine remorse backed up with evidence, if the offender pleads guilty (unless evidence is overwhelming)
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How much can the 'guilty plea' take off your sentence?
1/3 of the sentence at the first opportunity. 1/4 after the trial date set. 1/10 once the trial has begun. Anything after that will have no effect.
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What is a 'custodial sentence?'
Custodial sentences are for the most serious of offences such as murder where a mandatory life sentence must be given.
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Why are women less likely to get prison sentences?
1/2 of women in prison have suffered domestic violence. 1/3 will attempt to commit suicide. 65% reoffend upon release.
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What is a 'discretionary life sentence'?
Used for triable either way offences where the judge has a decision to make on whether he gives life sentence or not
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What did the crime and disorder act 1998 do?
Provided electronic tagging
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What is a 'conditional discharge'
Where offender is released with the promise that he wont reoffend within 3 years.
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What are the ancilliary orders?
Compensation order, Forfeiture order, Restitution order (paying money to victim), Victim surcharge (fining an offender)
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Other cards in this set
Card 2
Front
What is a tariff?
Back
The level of punishment imposed or recommended for an offender.
Card 3
Front
What is the difference between general deterrence and individual deterrence.
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