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Sentencing (Aims of Sentencing (Retribution and Punishment (D deserves…

- - - - Aims to deter D from re-offending
      - Several penalties w/ this imposed aim
        
        Prison sentences
        
        Suspended sentences
        
        Heavy Fines
      - However 55% of Adults re-offend and 70% of youths
    - - Value of this is very doubtful
      - Courts occasionally do make examples of others e.g. 2011 riots
      - This is in contraction to retribution as it gives a D a larger sentence than necessary
- - - - Only sentence for murder
      - Judge can state the minimum time that must be served before they can be put up for parole
      - Can range from 12 years to life
      - Will only be life/life if it is a child murder that involves abduction or sexual motives or a politically motivated murder
      - If it does not deserve a full life tariff, aggravating and mitigating factors will be considered
    - - For offences such as s.18, life can be imposed but is not necessary
      - The judge has discretion
    - - For other crimes the length of the sentence will depend on a number of factors
      - This is an imprisonment for a set number of time
      - Prisoners will only usually serve half
    - - Many prisons are overcrowded which can lead to riots and violence
    - - Removes an individual's liberty and is a strong deterrent
      - Rehabilitation is possible
    - - It offers little deterrent - serious crimes continue e.g. death penalty
      - Only half the sentence is usually served
    - - Up to 2 years or 6 months in the Magistrates
      - Sentence is activated on reoffending
  - - - Reparation is basic
      - Offenders may refuse to cooperate and counter-punishments are rare
    - - Sentence can be fixed to the crime
      - Work is usually labour intensive
  - - - Cost to administer the fine usually outweighs the fine
      - Many fines are unpaid and are simply written off
    - - Allows liberty to continue
      - Generally set fees for offences
- - - - What type of offence is it?
      - Previous convictions
      - Was the D on bail?
      - Racially or religiously motivated
      - Hostility to disability or sexual orientation
      - Offender was part of a group
      - Vulnerable victim
      - Victim served the public
      - Premediaitation
      - How serious was the offence?
    - - Mental illness of D
      - D's physical illness
      - No previous convictions
      - Genuine remorse
      - Guilty plea
        
        1st opportunity - 1/3
        
        After trial set = 1/4
        
        at trial = 1/10
  - - - For a similar type of offence, sentence may be heavier
- - - - Inappropriate - 1/2 have suffered domestic abuse
      - Damaging - 70% have mental health issues and 1/3 are suicidal
      - Ineffective - they are sent for petty theft so 65% reoffend