Criminal Process: Theories and Objectives of Sentencing

Question 1

According to the Criminal Justice Act 2003, what are the principles of sentencing? (5)

Answer 1

• Punishment of offenders
• Reduction of crime (including reduction by deterrence)
• Reform and rehabilitation of offenders
• Protection of the public
• Reparation by offenders to persons affected by their offence(s)

Question 2

What is the main issue regarding the punishment of offenders?

Answer 2

• The punishment must be proportionate to the crime

Question 3

What is the term for the punishment of the offender on behalf of the victim and society?

Answer 3

• Retribution

Question 4

What is the basis of the argument for retaining the death penalty?

Answer 4

• The Biblical principle ‘an eye for an eye’

Question 5

For many sentences, the tariffs are fixed in order to what?

Answer 5

• Provide consistent sentencing

Question 6

In America, some states have fixed tariffs for each crime. What is the issue with this?

Answer 6

• The judge has no discretion which may lead to injustice as the judge cannot consider mitigating factors or circumstances of the individual offender

Question 7

Why are fines a particular area of concern?

Answer 7

• Unfair. a £1000 fine to someone on a very low income is extremely punitive but to a high earner it may have very little, if any, effect

Question 8

What is the main problem with deterrence?

Answer 8

• Effectiveness

Question 9

What are the two effects that deterrence is designed to have? Explain both

Answer 9

• Individual deterrence - to stop the offender committing any further crime
• General deterrence - to prevent others committing the same crime

Question 10

What does the weakening of the deterrent effect depend on?

Answer 10

• How many times the offender is punished in a particular way

Question 11

What do the courts impose in order to increase the deterrent effect? Example?

Answer 11

• Exemplary sentences

- Lord Ahmed (labour peer) was sentenced to 12 weeks in prison for using his phone while driving

Question 12

What is the aim of rehabilitation?

Answer 12

• To reform offenders so they are less likely to commit offences in the future

Question 13

How much success have rehabilitation programmes in prison had?

Answer 13

• Very little

Question 14

What is required of prisoners in order to rehabilitate them?

Answer 14

• Undertaking a variety of programmes to address their offending behaviour

Question 15

What problem (in terms of rehabilitation) arises once prisoners are released?

Answer 15

• Many have no job, money or prospects and so reoffend

Question 16

The Court can give sentences that incorporate some form of rehab (e.g drugs). What problem arises here?

Answer 16

• Could lead to inconsistent sentencing, with an offender who is seen as likely to reform being given a treatment order and another simply being sent to prison

Question 17

How is public protection from offenders usually provided?

Answer 17

• Through incarceration

Question 18

What’s the issue with incarceration?

Answer 18

• Very expensive (37k p/a)

Question 19

Through what other means are the public protected from offenders? (4)

Answer 19

• Curfew
• Electronic tag
• Exclusion orders
• Driving bans

Question 20

What is reparation also known as?

Answer 20

• Restorative Justice

Question 21

What’s reparation about?

Answer 21

• The offender trying to repair some of the damage to the victim and society

Question 22

Restorative Justice allows for the victim and offender to meet face to face. How successful has this been? With whom in particular?

Answer 22

• Somewhat

- Young offenders (where it is mostly used)

Question 23

What does restorative justice depend on? Explain

Answer 23

• The crime itself

- An offender can paint a wall he graffitied but a rapist can’t exactly make amends

Question 24

What does denunciation do? (2)

Answer 24

• Allows society to show its disapproval of the offender’s behaviour
• Provides moral boundaries within society and can shape views of the general public

Question 25

What is an example of successful denunciation? How has it been successful?

Answer 25

• Drink driving campaigns
• Society now views drink driving in a much more negative light and severe sentences are given to those who do drink and drive