Penal System (sentencing) G151 Flashcards

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  • Created on: 08-04-14 16:58
What act governs adult sentencing?
S142. Criminal Justice Act 2003.
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What act governs youth sentencing?
s.142(a) Criminal Justice Act 2003.
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Aims of sentencing?
Retribution, rehabilitation, deterrence, incapacitation, reparation.
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What is retribution?
Pure punishment. Proportionate to the offence committed, base on the 'just desserts' theory. (that you get what you deserve for each individual crime.)
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What is just desserts?
The theory that you get just what you deserve for each individual crime.
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Is retribution forward or backward looking?
Backward.
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What is good about retribution?
Fair, consistent, D knows punishment for the crime.
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What is bad about retribution?
Little discretion for judges, doesn't take into account the needs of the individual, too rigid. 55% recidivism rate, most crime is mental health related. Contrasts to deterrant/rehabilitation.
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Recidivism rate?
55%
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What is deterrance?
Aimed at general public and individuals to deter. Examples are heavy fines, or suspended prison sentences. Also CCTV cameras are a form of this.
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Is deterrence forward or backward looking?
Forward looking (aiming to stop people before the commit crime) an is known as exemplary sentences.
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Detterance advantages?
Stops people committing crimes. Harsh prison sentences (4 years) has only 36% recidivism rate, compared for 70% for those under 12 months.
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Recidivism rate for harsh prison sentences?
36%
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recidivism rate for under 12 months sentences?
70%
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Disadvantages of deterrence?
Relies on publicity, prison doesn't act as deterrent *** 55% reoffend within 2 years of release. 1/3 fines are never paid so they are ineffective. Also many crimes are opportunist so offenders don't stop to think of consequences.
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What is incapacitation?
Offender is prevented from committing further offences and therefore public are protected. It is used for serious/violent crimes or repeat offenders. It is victim centred.
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Examples of incapacitation?
Prison, tagging, curfew, driving ban, restraining order.
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Advantages of incapacitation?
Protects public, stops offenders committing crimes whilst in prison, provides opportunity for rehabilitation.
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Disadvantages of incapacitation?
59% prisoners are re convicted within 2 years, criminals spend time with other criminals leading to 'crime school', expensive to run, £37,500 per year per person., can cause family breakdowns.
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What is rehabilitation?
Aim is to reform offenders by making them realise the harm, or find a better way of living through training or education. It is offender centred, and contrasts to retribution.
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Advantages of rehabilitation?
Reduces reoffending rates due to dependency on alcohol or drugs, gives offender help.
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Disadvantages of rehabilitation?
Seen as a 'soft' option, expensive, interferes with right to privacy Article 8 as it is optional, but long term prisoner are unlikely to be released without it. Takes an average of 2 years to truly rehabilitate, under 2 years with person -reoffend.
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What is reparation?
Repairing the harm done by offender, usually money or make restitution (returning stolen property) or to compensate society on the whole. Only available for 1st time offenders. Forward and backward looking.
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Advantages of reparation?
Cheap, most successful way to reduce reoffending rates and increase victim satisfaction.
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Disadvantages of reparation?
Often crimes are victim-less, goes against HR Article 3 if offender has to wear bright labelled clothing so may be subject to abuse. Needs cooperation.
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What sentences can young offenders get?
All punishments for adults can be imposed, but the principle aim of sentencing is: deterrence, rehabilitation and community sentences (under s 142A of CJA 2003)
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Magistrates max sentences?
6 months prison or up to £5,000 fine.
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What are the different custodial sentences for Adult offenders?
Mandatory life, discretionary life, fix-ed term sentences, home detention curfew, extended sentences, minimum sentences & suspended prison sentences.
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What is mandatory life sentence?
From full life down to a minimum of 12 years. For murder this is the only sentence that can be given.
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What is discretionary life sentence?
Max is life, but judge could impose a lesser sentence if appropriate (crimes like ****, manslaughter, robbery.)
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What are fixed-term sentences?
Imprisonment for a set number of months/years, serve half in prison and half outside.
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What is a home detention curfew?
Crime and Disorder Act 1998, allows early release from prison on the condition of a curfew and electric tag.
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What are extended sentences?
s.85 Power of Criminal Court (Sentencing) Act 2000 gives courts powers to extend sentence for; sexual act for up to 10 years, and a violent act up to 5.
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What governs extended sentences?
s.85 Power of Criminal Court (Sentencing) Act 2000
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What are minimum sentences?
Minimum sentence of 7 years if caught 3 times dealing Class A drugs, minimum of 3 years for burglary.
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What is a suspended prison sentence?
Up to 2 years, only for serious offences in exceptional circumstances.
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What community orders can there be for adult offenders?
Unpaid work requirement, prohibited activity requirement, curfew requirement, exclusion requirement, supervision requirement.
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Wht is an unpaid work requirement?
D works for between 40-300 hours as ordered by probation service.
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What is a prohibited activity requirement?
Stops offender doing certain activities, e,g. in a case in 2006, the D was not allowed to wear a hoodie/carry marker pens.
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What is an exclusion requirement?
Restraining order to keep offender out of certain places
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What is a supervision requirement?
Offender placed under supervision of probation officer for up to 3 years.
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What other adult sentences can there be?
Fines, driving disqualification.
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What are fines for adults?
Most common in magistrates, maximum of £5,000 for individual, but £20,000 for a business.
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What is a driving disqualification?
When D is charged with driving offence, they can be disqualified. Drink driving - mimimum of 12 months. Repeat drink driving minimum of 3 years. It can also be used if offender has used vehicle to commit another offence (burglary etc)
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What types of discharge are there?
Conditional or absolute.
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What is conditional discharge?
Dscharge offender on the condition that no offence is committed in the set period of up to 3 years. If they offend they get 2 charges, one for first offence and a penalty for the second.
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What is an absolute discharge?
Where the offender is technically guilty but morally blame-less (e.g. tex disc fallen onto floor so not displayed etc)
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Custodial sentences for young offenders?
Young Offenders Institutions, detention and training orders, detention at her majesties pleasure.
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What is a Young Offenders institute?
Age 15-20. Minimum sentence is 21 days and the maximum is the maximum for that offence.
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What is a detention and training order?
Its for a minimum of 4 months, max of 24 months. Offender is sent to training centre. Half custodial, half community sentence.
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What age are detention and training orders for?
12-21 but for under 15's they must be a serious repeat offender under the Crime and Disorder Act 1998.
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What is detention at her majesties pleasure?
For any offender aged 10-17 convicted of murder. Offender released when suitable, judge recommends the sentence then Lord Chief Justice sets tarrif.
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Community Sentences for young offenders?
Youth rehabilitation order (community work). Governed by the Criminal Justice and Immigration Act 2008. Most are similar to adult offenders community work.
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Examples of Youth rehabilitation orders?
Attendence centre requirement (organised leisure activity for under 25's), local authority residence (under 17's places in care) or an education requirement (for offenders of school age to complete school)
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Other sentences for young offenders?
Fines, reprimands/warning. Discharges can also be used (absolute/conditional.)
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What is a youth reprimand?
Dealt out by the police, it is a A reprimand is a police prosecution in the UK given to individuals below the age of 18 who break the law and are arrested for the very first time. A reprimand is given by a senior police officer; sufficient evidence m
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What is a youth warning?
Not warned before, or over 2 years ago, offender is referred to youth offending team for rehabilitation programme.
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Fines for 14-17 year olds?
Max of £1,000.
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Fines for 10-13 year olds?
Max £250
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What are commonly used for 1st time young offenders?
Conditional discharge.
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What Act governs factors surrounding the offence?
S.143 Criminal Justice Act 2003.
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Seriousness of offence factors?
Offenders culpability (responsibility) in the offence, and any harm the offence caused. Also any harm that was intended to cause/ or could reasonably foreseeable have caused.
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Aggrivating factors?
Previous convictions of similar nature, if D was on bail when it was committed, racial/religiously motivated, disability/sexuality involved, how serious (with theft how much and who from?) vulnerable person/breach of trust.
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Mitigating factors?
Pleading guilty early, only involved in small aspect of crime, family background (e.g. divorced parents), mental health problems, no previous convictions.
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What does Sentencing Guidelines Council set out?
That if you plead guilty at earliest possible stage you get up to 1/3 off sentence.
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Why do Sentencing Guidelines Council allow discounts in sentences for guilty pleas?
Avoids need for trial, saves time between charge & sentence, saves cost, saves victims from giving evidence.
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What will courts want to know about offender's background?
Previous convictions (if on bail when committed offence, response to previous sentences etc), pre sentence report (gives background and suitability and if sentence is likely to work), medical reports (mental health motivated) and financial situation.
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Other cards in this set

Card 2

Front

What act governs youth sentencing?

Back

s.142(a) Criminal Justice Act 2003.

Card 3

Front

Aims of sentencing?

Back

Preview of the front of card 3

Card 4

Front

What is retribution?

Back

Preview of the front of card 4

Card 5

Front

What is just desserts?

Back

Preview of the front of card 5
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