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Sentencing topic Questions ask about (1) aims of sentencing (2) factors taken into account (3) powers of the courts and (4) young offenders in Part A essays and Part B problems
Explain aim 1: punishment Offender deserves punishment for their crime. Theory does not try to reduce crime or change future behaviour – likely sentences: tariff sentences (see table p.91 for robbery)
Explain aim 2: deterrence Individual: Ensure offender does not re-offend through fear of future punishment, (but 55% do in 2yrs!) –General: Prevent other potential offenders from committing crimes – likely sentence: prison sentence or large fine
Explain aim 3: rehabilitation rehabilitation Aim is to reform offender and rehabilitate into society; Forward looking to change behaviour and stop future offences (e.g. drug rehab.); Important for young offenders – likely sentence: individualised sentence
Explain aim 4: protection of the public Public need protection from dangerous criminals; Mandatory life sentence for murder; depends on seriousness (e.g. prison v driving ban); likely sentence: Long prison sentence; Electronic tagging; Banning orders R v Winkler (2004)
Explain aim 5: reparation Aims to compensate the victims of crime e.g by paying money or returning stolen goods; Likely sentence: Compensation order; Unpaid work (e.g. community project); reparation schemes
Explain aim 6: denunciation Society expressing its disapproval of the offence; This reinforces moral boundaries (for example drink driving is now seen as unacceptable behaviour); likely sentence: Reflects blameworthiness of the offence
Created by: Rich Whitaker