Zusammenfassung der Ressource
Unit 1 Sentencing B141 OCR
- Adult sentencing
- aims of sentencing
- Criminal Justice Act 2003
- Deterrence
Anmerkungen:
- general
Anmerkungen:
- Other people will see people getting punished and be put off of offending.
Requires media reporting of sentences to get the message across
- specific
Anmerkungen:
- specific to the offender - they are punished and therefore will be less likely to re-offend in the future
- reform/rehabilitation
Anmerkungen:
- the offender is taught to change their behaviour.
This may be through education programs, in and out of prison
May be through community work
May be drugs and alcohol treatment programs
- punishment/ retribution
Anmerkungen:
- to show society's disapproval.
Long prison sentence, high value fine.
- reparation
Anmerkungen:
- offender pays something back to society
May be made to carry out unpaid work in the community
Or pay criminal compensation direct to the victim
- protection of public
Anmerkungen:
- where the offender is prevented from being able to commit future crime
Prison sentences or driving bans
- range of sentences
- Custodial sentences
- suspended sentence
Anmerkungen:
- D does not go straight to prison but is told that if they commit any further offences they will serve this sentence ADDED to any new sentence
- prison sentence
Anmerkungen:
- defendant will serve time in prison
Can be anything from a couple of weeks to Life.
- life sentence
Anmerkungen:
- murder has a MANDATORY life sentence
Other serious offenders may get a DISCRETIONARY life sentence if the judge feels it is appropriate - EG rape, armed robbery
- Fines
- financial penalty
Anmerkungen:
- The offender must pay a fixed amount
The amount will depend on the offence and the ability of the offender to pay.
- community sentence
- unpaid work
Anmerkungen:
- the offender may be asked to do unpaid work in their community,
EG picking up litter or removing graffiti
- rehabilitation order
Anmerkungen:
- offender may be instructed to attend drugs and alcohol treatment.
May be asked to attend anger management classes.
- discharges
- unconditional
Anmerkungen:
- although found guilty there is no punishment.
The offender is free to go.
The process of the trial has been punishment enough for them
- conditional
Anmerkungen:
- the offender agrees not to re-offend within a certain time period. They may be monitored
- Factors in sentencing
- aggravating factors
- things which make a sentence seem worse
Anmerkungen:
- EG, violence
weapon used
racially motivated
vulnerable victim
previous convitions
- mitigating
- things which excuse the defendant
Anmerkungen:
- eg
offender is young
the victim provoked the offender
the offender is from a difficult background
Previous good character - no convictions
- sentencing guidelines
- statutory minimum sentence?
Anmerkungen:
- some crimes have a legal minimum sentence.
EG murder - compulsary life sentence
- evaluation
Anmerkungen:
- you may be asked to justify aggravating and mitigating factors.
WHY do we sentence harsher for racially aggravated or violent offences? WHAT ARE WE TRYING TO ACHIEVE?
- youth Sentencing
- aim of youth sentencing
- to prevent future crime
- youth custodial sentences
- secure childrens' home
Anmerkungen:
- run by local authorities.
Children are closely watched and have limited contact with their families.
Vulnerable children may stay until 15 or 16.
Others may move on at 14
- ages 10-15
- training centre
Anmerkungen:
- a prison-like environment, often
Focus on training, education and changing behaviour
- ages 14-17
- Young offenders'
Insitution
Anmerkungen:
- very like adult prison
Prisoners in cells, training programmes and education are offered.
At 21 offenders are moved to adult prisons
- ages 17-20
- Youth Community sentences
- referral orders
- for first offenders
Anmerkungen:
- the young person and their parents agree to a behaviour contract
- reparation orders
- unpaid work
Anmerkungen:
- the young offender does some unpaid work in the community
- Youth rehabilition order
Anmerkungen:
- the courts will pick from a wide range of rehabilitation options to help the offender change their behaviour-
Drugs and alcohol treatment
Foster care order
Banning from certain areas
Curfew - being home at a certain time
plus many more!
- age of criminal responsibility 10