Sentencing theories 2011


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Sentencing theories 2011

  1. 1. SentencingWhat are we trying to do when we punish someone?. G151 ELS 2011-12 MAH
  2. 2. You are going to see two cases, and evaluate them exactly as the magistrates or judges would. Case One: Case Two: 200 hours unpaid, Four Years curfew weekly Imprisonment supervision
  3. 3. So what are the actual aims? s.142 Criminal Justice Act With the exception of the first one, the others are known by other labels... 2003 Can you match the label to the aim? (oh, and spot which one is not in the Act?) In sentencing a defendant, the court must have regard to: 6 reparation 5 incapacitation1. The need to reduce the crime rate denunciation 3 rehabilitation2. The need to punish D for having committed an offence 4 deterrence 2 retribution3. The need to change the offending behaviour4. The need to deter the offender from reoffending, and to deter the public by example5. The need to protect the public Looking at all the aims, which do you consider the most6. The need to compensate both the victim important in sentencing an and society. offender and why?
  4. 4. StarterWithout using your handout, can you find all of the aims of sentencing?
  5. 5. Retribution “an eye for an eye” Death Penalty Chemical castration Fines Life Sentence What would you do? A literal example? Crime Retributive Sentence Theft Murder Terrorism Rape
  6. 6. Denunciation “ Punishment is the is the way in which society expresses its denunciation of what D is doing.” Denning LJ Releasing the names of child offenders Megan’s Law [Sarah’s Law] Vests for community payback
  7. 7. Incapacitation Tagging Exclusion or Minimum Curfew Orders sentencing e.g. 3 conviction of Whole Life domestic burglary Sentences Driving Bans Can we justify a whole life tariff? Three of these men are currently appealing to the ECtHR on thegrounds that their is a breach of Human Rights as because there are no reviews, it amounts to “inhumane and degrading treatment” Look at the article at the back of your handout, and explain what they have in common, and whether or not you agree with the concept of a whole life tariff.
  8. 8. Deterrence Fear of future punishment General stop others offending Rioters R v Whitton 1985 CCTV Individual stop you offending Custodial sentence ASBO posters Naming Child offendersDo criminals think before they act?
  9. 9. RehabilitationPrevent future crime by looking at the causes of the crime. Drug & Alcohol treatment orders Custodial Education courses Community orders Programme requirement
  10. 10. ReparationTo ‘make good’ for the harm caused Community Order Compensation Order Fines Victim meetings Confiscation orders Student Task: Should Mr Hoare have paid his victim as share of his winnings? Why/why not?
  11. 11. Student Task: Evaluating the Aims Working with your group, complete the table to develop your AO2. Two points for each! Below are some random statements to help you get started... Can you spot where they should go? Although theEveryone is given the programmes can This can be unfair on This is same sentence, work, there are not the one defendant sentencing regardless of why enough spaces for all who is singled out. people on they did the crime. the offenders the basis of a risk they may The victim could be An offender must pose in the receiving small agree to a drug or Most crimes are future, not at amounts for years, so alcohol treatment impulsive the moment. they can’t get over programme the crime.
  12. 12. Group Task:Using your own knowledge, and what you have learnt about sentencing so far, add as much detail to the sheet on your desk. Youth Sentences Adult SentencesMitigating factors Aggravating Factors
  13. 13. Starter: Right or Wrong?1. There are six main aims of sentencing contained in s.153 Criminal Justice Act 2003, in addition to the aim of reparation which is not contained in the Act.2. The judge must select the most appropriate aim for each offender3. Driving bans are an example of both retribution and incapacitation.4. Some aims focus on the offender and why they have committed the crime, whilst some focus on the crime committed by the offender.5. Denunciation is carried out by the newspapers.
  14. 14. Mitigating & Aggravating Factors What else can affect the sentence?
  15. 15. So how does it really work? Bob has been convicted of five burglaries and is eligible for a four year sentence.Why are the papers up in arms because he could be released in less than a year?
  16. 16. Case study: Pleading GuiltyAlan Webster What about a more radical approach?Student Task:Read the enclosed article andsummarise the changes to the ruleson guilty pleas.Do you agree with them?How would the rules have affectedhis sentence?
  17. 17. Do you understand the topic? Example: Mavis, who is a single mother and a drug dealer, steals Arthur’s wallet. Arthur is a 24 year old Student Task: banker. For each, decide on the Mitigating Aggravating Aim &mitigating and aggravating reasonfactors and then on what you think should be the judges main aim indeciding on sentence and why!!
  18. 18. Finally Describe the aims and factors taken into account in sentencing an offender. [18]What can you tell me about how to answer this question? Now, you will have 10 minutes to plan, and 20 minutes to write up your response. You can use the other members of the class to help with the planning!
  19. 19. Self Assessment LEVEL 4 Good, well-developed knowledge with a clear understanding of the relevant concepts and principles. Where appropriate, candidates will be able to elaborate 15-18 by good citation to relevant statutes and case-law. LEVEL 3 Adequate knowledge showing reasonable understanding of the relevant concepts and principles. Where appropriate, candidates will be able to elaborate 11-14 with some citation of relevant statutes and case-law. LEVEL 2 Limited knowledge showing general understanding of the relevant concepts and principles. There will be some elaboration of the principles, and 6-10 where appropriate with limited reference to relevant statutes and case-law.A great thing you LEVEL 1 Very limited knowledge of the basic concepts have done is... and principles. There will be limited points of detail, but accurate citation of relevant statutes and case-law will 1-5 not be expected.Better if you did... Now, howconfident are you?
  20. 20. HomeworkDUE IN!!!
  21. 21. Plenary How much did you already know? You’ve now been given back your post-it charts . On yourposters, edit the three sections onMitigatingAggravatingAimsRemove any which are ‘wrong’and add it things that you have missed (in pen or pencil)The best one will be laminated as revision!