Mind map
Sentencing
Map content
Sentencing
Aims of Sentencing
- Deterrence
- Prevent crime by hurting the victim
- There are 2 types of Deterrence
- Individual Deterrence: Where D is deterred from reoffending.
- General Deterrence: Where the public is deterred from committing the crime, D is made an example of.
- Harsh Punishments
- Not too concerned with fairness
- Retribution
- Hurt the offender by punishing them
- Society demands that an offender must be punished to make up for the crime they committed.
- Harsh punishments
- Normally involves a custodial sentence
- Hurt the offender by punishing them
- Rehabilitation
- Prevents crime by helping the offender overcome their habits/behaviour
- Addresses the cause of the habits/behaviour (ie Drug Addiction or Peadophillia)
- Takes the long term approach
- Drug Rehab can take a while
- Tries to avoid Custodial Sentences
- Prevents crime by helping the offender overcome their habits/behaviour
- Public Protection
- Prevents crime by taking D out of society
- Put D in jail for a life sentence (15 Years +)
- D cannot commit crimes if they are not free
- Typically long custodial sentences
- Often for Sexual or Violent offences
- Prevents crime by taking D out of society
- Reparation
- Intends to punish the offender by making them do unpaid work or pay a fine.
- Society demands that an offender must be punished
- D pays a fine/compensation order
- D does unpaid work
- Deterrence
Aggravating and Mitigating factors
- Aggravating Factors
- Vunerable Victim
- Very Old or Very Young
- Disability
- Breach of trust
- Teacher + Pupil
- Parent
- Committed on Bail
- Previous Conviction
- Repeat Offences
- Violent past
- Weapon used
- A violent weapon
- Motive
- Radical Motive
- Sexual Motive
- Vunerable Victim
- Mitigating Factors
- Early Guilty Plea
- Cooperation with the Police
- Offer of Compensation
- No Previous Conviction
- No violent history
- Genuine Remorse
- Pre-Sentencing Report
- Mental Health Problems
- "Good Kid"
- Aggravating Factors
Sentencing Practice
- Custodial
- Mandatory life
- Life = 15+ years
- The judge will specify an amount, normally more than 15 years.
- Whole life sentence where D is never released
- For things like: -Terrorism -2+ planned murders -Rape and Murder of a child -Previous murder conviction
- Judge has no other option
- Murder Only
- Criminal Justice Act 2003
- Life = 15+ years
- Discretionary Life Sentence
- For other (not murder) serious offences
- Judge has Sentencing Choice
- Fixed Term Sentence
- Time set by judges
- Usually 50% of time is served
- Usual rules for non-life sentences
- Time set by judges
- Home detention curfew order
- Crime and Disorder Act 1998
- Where D is released from prison before 50% of the time is served.
- D wears an electronic tag so that the state knows where D is at all times.
- Tracking
- Extended Sentence
- A judge can extend the length of the sentence
- For Violent offences, can add up to 5 years on.
- For Sexual Crimes, can add up to 10 years on
- Powers Of Criminal Courts Act 2000 s85
- D serves main sentence, then the rest on a licence
- If D commits another crime, they go back to custody for the time for the 2nd crime, plus the remaining time for the 1st crime.
- A judge can extend the length of the sentence
- Suspended Sentence
- Delays the start of custody time by up to 2 years
- If D commits a crime while on a suspended sentence, they are sent to jail to serve origninal jail time.
- Example: If D is given 3 years custody, and a 2 year suspended sentence, then D commits a crime in those 2 years, D is then sent to prison for 3 years.
- Mandatory life
- Community
- Unpaid work
- Has to be between 40 and 300 hours
- Criminal Justice Act 2003
- Prohibited Activity
- Banned from doing certain things
- Curfew Requirement
- D must remain at a fixed address
- More than 2 hours, less than 16 a day
- Can only be given for up to 6 months
- Electronic Tag fitted
- Only available if there are curfew arrangements possible
- D must remain at a fixed address
- Exclusion Requirement
- D is forbidden from going to certain places
- Where they are most likely to commit a crime
- D is forbidden from going to certain places
- Supervision Requirement
- D is put under the supervision of a probation officer
- Max. of 3 years
- Criminal Justice Act 2003
- For promoting the offender's rehabilitation
- Unpaid work
- Fines
- Financial Penalties
- D pay the fine to the court that imposed it
- Can be paid once or in enstallments
- When D is on benefits, can be taken directly from there
- Discharge
- D is free to go
- No further inquires
- Cannot be charged for the same crime twice
- Custodial
Information
- Description
- AS level Law Mind Map on Sentencing, created by James Bickford-Smith on 23/02/2017.
- Created by
- James Bickford-Smith
- Views
- 103
- Tags
- Rating