sentencing

• Who decides the sentence in the Magistrate's court?

  Magistrate
• Who decides the sentencing in the Crown court?

  Judge
• What are the aims of sentencing?

  Punishment

  Reduction of crime via deterrence

  Reform/Rehabilitation

  Protection of the public

  Offenders to make reparations to their victims
• How are long prison sentences justified?

  Punishment, deterrence, and public safety.
• How can the death sentence be justified?

  Retribution.
• What is individiual deterrence?

  The aim to deter the same offender from reoffending via fear of future punishment.
• What is general deterrence?

  Preventing crime by making potential offenders fear the consequences.
• Why is the theory of deterrence criticised?

  Most crimes are done as a spur of the moment decision, normally due to being under the influence of some sort of substance; this means that the offender wasnt in the right mind and do not understand the consequences of their actions- As such, these offenders will not stop and consider their actions in the future and will continue to offend.
• Why is the fear of being caught a better deterrent than prisons?

  The crime detection rates are low, therefore the threat of an unpleasant penalty is low too. Therefore increasing the chance of getting caught will prevent the offfender from offending as they have a higher chance of getting caught.
• What is the base idea of sentencing?

  That all offences should have a minimum punishment.
• Who creates the range and point of sentencing for crimes?

  The sentencing council
• What else does the sentecning council create in terms of guidelines for sentencing?

  Factors of the offence that makes it more or less serious
• What else does the sentencing council have to consider when making guidelines for sentencing?

  If they will increase the numbers sent to prison

  Number of people on probation

  Public opinion
• How does the sentencing council assist the government?

  Guidelines help the government to forecast requirements of prisons and probation services.
• how does the system made by the sentencing council help punish offenders, what are it's faults too?

  Guidelines help make consistent sentencing. it can become difficult to impose sentences aimed at reforming offenders and guidelines leave little discretion.
• Why is the idea of general deterrence typically doubted?

  Potential offenders are rarely deterred by severe sentences passed by others.
• Why can general deterrence be effective?

  Judges can make examples out of criminals to warn potential offenders to what they should expect because general deterrence relies on publicity.
• In which cases are deterrence sentences less effective and why?

  Drugs or people smuggling by foreign nationals because the rewards for smuggling are considered attractive.
• Why is terrorism a difficult offence to punish with deterrence?

  Terrorism is typically motivated by one's own beliefs, which typically outweigh the consequences of their actions.
• Why is deterrence the least effective and fair principle of sentencing?

  It is directly in conflict with the principle of retribution. This is because it involves sentening an offender for a longer term than necessary.
• What is the point of the principle of reform and rehabilitation?

  To rehabilitate and reform individuals who have committed crimes in order to reintegrate them into society and reduce recidivism.
• What factors are considered when giving a community sentence?

  Severity of the offense, criminal history, and potential for rehabilitation.
• How are drug users rehabilitated?

  Through various methods such as therapy, counseling, support groups, and medication-assisted treatment.
• What are courts asked when trying to pass a rehabilitation sentence?

  The previous impact of previous rehabilitation sentences.
• What are the main criticisms of individualised sentences?

  Lack of consistency and fairness. Specifically, it is discriminatory towards those who come from poor home backgrounds because they are less likely to be seen as possible candidates for rehabilitation.
• which legislation introduced new sentences whose aims were to protect the public?

  The legal aid sentencing and punisment of offenders act 2012 (LASPO)
• What is the main way that the public are protected?

  Via custodial sentences. These ae given if the offender poses a significant risk to members of society.
• What did the extended determinate sentence introduce?

  It protects the public from those who have committed serious sexual or violent offences, as they are in custody for a minimum of 12 months. However, if the offender reoffends more than once then they will be removed from circulation to protect society.
• What questions are raised as a result of the extended derterminate sentence's mandatory life sentence?

  How long should the public be protected for?

  Should the offender serve all of their sentence or be released early on licence?
• What is the likely sentence for murder or extreme offences?

  A life sentence to be served till the parole board deems them to no longer be a danger to society where the offender is released on licence.
• How do community sentences also protect the society?

  It removes the offender from a certain area temporarily or for certain times of the day.
• What is the usual curfew requirement?

  Varies by offence. typically, 6-12 months.
• What do community orders offer to those dependent on drugs and/or alcohol?

  Community orders offer treatment and education to those dependent on substances.
• What did the LASPO offer for dangerous driving?

  A maximum of 5 years custody in prison.