Unit 1 Sentencing B141 OCR

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mindmap for revising youth and adult sentencing - aims, range, factors
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Angela Dickinson
Created by Angela Dickinson over 9 years ago
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Resource summary

Unit 1 Sentencing B141 OCR
  1. Adult sentencing
    1. aims of sentencing
      1. Criminal Justice Act 2003
        1. Deterrence

          Annotations:

          • to prevent future crime  
          1. general

            Annotations:

            • Other people will see people getting punished and be put off of offending.  Requires media reporting of sentences to get the message across 
            1. specific

              Annotations:

              • specific to the offender - they are punished and therefore will be less likely to re-offend in the future
            2. reform/rehabilitation

              Annotations:

              • 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 
              1. punishment/ retribution

                Annotations:

                • to show society's disapproval.   Long prison sentence, high value fine.  
                1. reparation

                  Annotations:

                  • 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 
                  1. protection of public

                    Annotations:

                    • where the offender is prevented from being able to commit future crime Prison sentences or driving bans
                2. range of sentences
                  1. Custodial sentences
                    1. suspended sentence

                      Annotations:

                      • 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
                      1. prison sentence

                        Annotations:

                        • defendant will serve time in prison Can be anything from a couple of weeks to  Life.   
                        1. life sentence

                          Annotations:

                          • 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 
                      2. Fines
                        1. financial penalty

                          Annotations:

                          • The offender must pay a fixed amount The amount  will depend on the offence and the ability of the offender to pay. 
                        2. community sentence
                          1. unpaid work

                            Annotations:

                            • the offender may be asked to do unpaid work in their community,  EG picking up litter or removing graffiti 
                            1. rehabilitation order

                              Annotations:

                              • offender may be instructed to attend drugs and alcohol treatment.  May be asked to attend anger management classes.  
                            2. discharges
                              1. unconditional

                                Annotations:

                                • although found guilty there is no punishment.  The offender is free to go. The process of the trial has been punishment enough for them 
                                1. conditional

                                  Annotations:

                                  • the offender agrees not to re-offend within a certain time period. They may be monitored
                              2. Factors in sentencing
                                1. aggravating factors
                                  1. things which make a sentence seem worse

                                    Annotations:

                                    • EG, violence weapon used racially motivated vulnerable victim previous convitions 
                                  2. mitigating
                                    1. things which excuse the defendant

                                      Annotations:

                                      • eg   offender is young the victim provoked the offender the offender is from a difficult background Previous good character - no convictions  
                                    2. sentencing guidelines
                                      1. statutory minimum sentence?

                                        Annotations:

                                        • some crimes have a legal minimum sentence.  EG murder - compulsary life sentence 
                                      2. evaluation

                                        Annotations:

                                        • 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? 
                                    3. youth Sentencing
                                      1. aim of youth sentencing
                                        1. to prevent future crime
                                        2. youth custodial sentences
                                          1. secure childrens' home

                                            Annotations:

                                            • 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 
                                            1. ages 10-15
                                            2. training centre

                                              Annotations:

                                              • a prison-like environment, often Focus on training, education and changing behaviour 
                                              1. ages 14-17
                                              2. Young offenders' Insitution

                                                Annotations:

                                                • very like adult prison Prisoners in cells, training programmes and education are offered.     At 21 offenders are moved to adult prisons 
                                                1. ages 17-20
                                              3. Youth Community sentences
                                                1. referral orders
                                                  1. for first offenders

                                                    Annotations:

                                                    • the young person and their parents agree to a behaviour contract
                                                  2. reparation orders
                                                    1. unpaid work

                                                      Annotations:

                                                      • the young offender does some unpaid work in the community
                                                    2. Youth rehabilition order

                                                      Annotations:

                                                      • 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! 
                                                    3. age of criminal responsibility 10
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