Apuntes
Sentencing
Contenido del apunte (2)
Página 1
Aims of sentencing
Judges and magistrates look at the sentence available and what they are trying to achieve.
Aims: UNDER THE CRIMINAL JUSTICE ACT 2003
Retribution: Based on the idea that the offender deserves punishment for his or her acts. (19th century belief 'eye for and eye'). e.g. capital punishment for murder.
General deterrence: preventing other potential offenders from committing crimes.
Individual deterrence: intended to ensure that the offender does not re-offend, through fear of future punishment.
Protection: Public needs protecting from a dangerous offender. Where there is significant risk to members of the public of serious harm being caused by the offender. INCAPACITATING
Reparation: Aimed at compensating the victim of the crime usually by ordering the offending to pay a sum of money to the victim of to make restitution e.g. return stolen goods.
Rehabilitation: The hope that the offender's behavior will be altered by the penalty imposed so that they will not offend in the future.
Denunciation: This is society expressing it's disapproval of criminal activities. A sentence should indicate both to the offender and other people that society condemns certain types of behavior.(sociological not in the act)
Página 2
factors of sentencing : Taken into consideration by a court can increase and decrease.
Aggravating (more serious)
seriousness
previous convictions
behavior and no remorse
revenge/ pre medicated
Gang/group
serving public
fueled by intoxicants
use of weapons
target protected characteristics
if on bail
Mitigating (less serious)
Illnesses/conditions
Genuine remorse
Prevoked
Early guilty plea
Información
- Descripción
- AS - Level As law Apunte sobre Sentencing, creado por Missy Muddy el 03/04/2016.
- Creado por
- Missy Muddy
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