9084 · 2.3.3
Aims of sentencing - what sentences are trying to achieve flashcards
Revision flashcards for Cambridge 9084 Aims of sentencing - what sentences are trying to achieve (syllabus 2.3.3). Flip, recall, then mark a real past-paper question.
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What are the five purposes of sentencing under s142 CJA 2003?
Punishment (retribution), crime reduction (including deterrence), reform and rehabilitation, public protection (incapacitation), and making reparation to the victim or community.
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What is the aim of Retribution?
To impose a punishment on an offender that is proportionate to the crime committed, based on the principle of 'just deserts'. It is backward-looking, focusing on the past offence.
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Distinguish between Individual and General Deterrence.
Individual deterrence aims to stop the specific offender from re-offending through the unpleasantness of the punishment. General deterrence aims to discourage the wider public from committing similar crimes by making an example of the offender.
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What is the primary goal of Incapacitation?
To protect the public by removing the offender's physical ability to commit more crimes. This is typically achieved through imprisonment, but also through methods like electronic tagging or driving disqualifications.
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Define the aim of Rehabilitation.
A forward-looking aim focused on reforming an offender and addressing the root causes of their criminal behaviour through treatment, training, or education, with the ultimate goal of reducing re-offending.
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What does the aim of Reparation involve?
It requires the offender to make amends for their crime. This can be to the victim directly (e.g., paying compensation) or to society as a whole (e.g., performing unpaid work in the community).
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How can sentencing aims conflict?
A long prison sentence for public protection (incapacitation) may conflict with the goal of rehabilitation, as it can institutionalise an offender and make reintegration harder. Similarly, a rehabilitative community order may not satisfy the retributive need for punishment for a serious crime.
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What is the role of the Sentencing Council?
An independent body that produces sentencing guidelines for courts in England and Wales. It aims to promote consistency and proportionality in sentencing, helping judges apply the aims from s142 CJA 2003 in a structured way.
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What is a 'tariff' sentence?
A sentence based on the idea of retribution, where a set 'price' or punishment is established for a particular crime based on its seriousness. The Sentencing Council's guidelines provide these tariffs or starting points.
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What is restorative justice?
A process that brings together those harmed by crime (victims) and those responsible for the harm (offenders) to collectively decide how to deal with the aftermath. It focuses on reparation and healing rather than pure punishment.
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How does a guilty plea affect a sentence?
It results in a reduction of the sentence. The earlier the plea, the larger the reduction. A plea at the first opportunity can reduce a sentence by up to one-third. This encourages efficiency and shows remorse.
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What is a key conflict between incapacitation and rehabilitation?
Long prison sentences for incapacitation can lead to 'prisonisation,' making it harder for an offender to reintegrate into society and find work, thus hindering their rehabilitation and potentially increasing the likelihood of reoffending upon release.