GCSE LAW Sentencing Project1
Wilmington Academy GCSE Law: Sentencing Project
Wilmington Academy GCSE Law: Sentencing Project
GCSE LAW Sentencing Project1
Wilmington Academy | Business Faculty
We want you to become better, more independent learners, so we have created this project to help you become excellent at being: Independent Enquirers: work with increasing independence and apply your knowledge, competence, cultural and critical understanding to new and increasingly challenging contexts. Creative Thinkers: experiment with creative approaches to solve problems, experiment with ideas, materials, tools and techniques, and try out alternatives. Reflective Learners: continuously monitor your own progress, identifying criteria for success and making changes to further your learning, understanding and knowledge. Self Managers: initiate projects for yourself, demonstrating commitment and perseverance and the ability to prioritise your actions to work towards your goals. Effective Participators: appreciate the importance of reviewing alternatives, negotiating and balancing the diverse views of others to achieve successful outcomes. In this project, you will concentrate on…
DATE GIVEN: DATE DUE: 1
______________________ ______________________
Independent Enquirers Self Managers
Creative Thinkers Team Workers
Reflective Learners Effective Participators
th
Written in conjunction with AQA/QCR GCSE Law (5 ed., Jacqueline Martin, 2012)
1 of 6
Wilmington Academy GCSE Law: Sentencing Project
Wilmington Academy GCSE Law: Sentencing Project
Contents
Introduction:
TASK 1 Aims of Sentencing
PAGE 2
TASK 2 Which aim?
PAGE 3
TASK 3 Types of Sentences
PAGE 4
TASK 4 Which sentence?
PAGE 5
TASK 5 Putting it to the test…
PAGE 5
TASK 6 The death penalty
PAGE 6
When someone is convicted of a criminal offence, they are sentenced according to the sentencing guidelines associated with that particular offence. When judges or magistrates pass sentence on a defendant, they think about several different matters. As law students, it is really important that you understand the types of sentences available, the reason why judges and magistrates pass particular sentences and what particular sentences try an achieve i.e. their aim. In this Sentencing Project, you will further your understanding about what the main theories of sentencing are, how sentences are applied and enforced and also have the opportunity to pass sentences yourself!
TASK 1: When sentencing a defendant, judges and magistrates must think of the following:
The aim or purpose of the sentence – what does the judge/magistrate want to achieve when sentencing the defendant? The facts of the crime/offence – is the crime that the defendant committed particularly serious? What role did the defendant play in committing the offence?
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Wilmington Academy GCSE Law: Sentencing Project
The background of the defendant – has the defendant got any previous convictions? Have they got a history of drug abuse or mental illness? Has the defendant plead guilty to the crime/offence – when did they plead guilty? Have they shown remorse/regret over their actions?
Section 142 of the Criminal Justice Act 2003, sets out the aims of sentencing as: 1. 2. 3. 4. 5.
Punishment (Retribution) Deterrence (Reduction of Crime) Reform and Rehabilitation of the offender Protection of the Public/Society Reparation to the victim(s)
For Task 1, you need to be able to demonstrate your understanding the 5 aims of sentencing, highlighted above. 1. Design a leaflet describing the 5 different aims of sentencing. 2. For each aim of sentencing, give an example of the type of sentence, which could be passed. Fancy a challenge… The aims above deal with the aims of sentencing used by judges and magistrates when sentencing adult offenders i.e. those over the age of 18.
Wilmington Academy GCSE Law: Sentencing Project
1. Research the aim(s) of sentencing used by judges and magistrates when sentencing young offenders (10-17 years old). 2. Why do you think these particular aim(s) of sentencing are preferred when dealing with young offenders?
TASK 2: An important tool to learn whilst studying GCSE Law is the ability to be able to apply your knowledge of the law to given scenarios in order to demonstrate your understanding. 1. Read the scenarios below. Indicate which aim of sentence you think the judge or magistrate should use when sentencing the defendants. Oliver Barnet: Ollie has been arrested for a series of drug offences. He is 36 years old and has a history of drug abuse, having been arrested on numerous occasions for minor drugs possession. Chloe Franklin: Chloe has been charged with a serious assault. Her victim (a 85 year old elderly woman) was left with several cuts and bruises and a broken wrist as a result of the attack. Chloe is 22 years old, and has prior convictions for minor assault and petty theft.
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Wilmington Academy GCSE Law: Sentencing Project
Fancy a challenge… Craig Lomax: Craig is 16 years old. He has never been in trouble with the Police before, but got caught with a group of friends stealing and joy-riding a car. Although Craig did not steal the car, he knew that it was stolen when he agreed to be a passenger in the car.
Wilmington Academy GCSE Law: Sentencing Project
d. What types of sentences are typically handed out to Young Offenders? Why do you think this is? 2. Research and write a definition (in your own words) for the different types sentences identified below: a. Mandatory Life Sentence b. Suspended Prison Sentences (or Suspended Sentence)
TASK 3: There are 4 different categories of sentences which could be past on a guilty defendant, depending upon the nature and seriousness of the offence and their background. These are: 1. 2. 3. 4.
Custodial Sentences Community Orders Fines, and Discharges
1. For each of the above categories of sentence: a. Write a brief definition of what they are and mean. b. Rank them in order of seriousness. c. Give an example of the sort of sentence(s), which could be passed under these different categories.
c. A Curfew Requirement For all you superstars…can you identify the category of sentence they come under and a typical offence for which this sentence might be passed? Fancy a challenge… For each of the scenarios below, suggest one suitable sentence for each of the scenarios below. For extra superstar points, try to point out the aim of sentencing, which would be adopted as a rationale (reason) for your suggested sentence. 1. Jimmy, aged 21, has been found guilty of stealing a pair of Nike tracksuit bottoms from JB Sports. He has never been in trouble with the police before. 2. Kerry, aged 30, has been found guilty of ABH. She has 2 previous convictions for violent offences.
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Wilmington Academy GCSE Law: Sentencing Project
3. Reece, aged 24, has been found guilty of driving whilst over the limit (alcohol). He has one previous conviction for a similar offence, for which he received 3 point on his licence.
TASK 4: As we have seen through previous projects, newspapers are fantastic sources of the law in action. Criminal cases are highly publicised in all local and national newspapers on a regular basis. Task 4 will require you to put together the research skills you have gain through previous projects and your newly acquired knowledge and understanding of the principles of sentencing. 1. Find 2 recent news articles giving details of the sentence(s) passed on offenders by the courts;
Wilmington Academy GCSE Law: Sentencing Project
1. What makes them similar/different? 2. If they were similar, did the judge/magistrate give different sentences? 3. Do you agree with the sentences passed by the judge/magistrate? Explain why.
TASK 5: One of the most fundamental skills as a student is your ability to reproduce your knowledge and understanding in exam conditions. To get you started, read and answer the following previous exam question: GCSE Law 2010 – (3 MARK QUESTION) – a) i)
2. Cut/Print out the news article. Write a small summary (no more than 200 words) describing the offence and offender, the sentence that was passed and the likely aim of sentencing that was adopted. You can do this by searching online (through search engines such as Google or Bing), or by reading either your local or a national newspaper. Fancy a challenge… Compare the types of offences and offenders and the types of sentences, which you have read about in your news articles:
Identify the most appropriate sentence from the list below for each of the three scenarios (A, B and C).
Suspended Sentence Community Order Electronic Tagging Disqualification from Driving Mandatory Life Sentence
A) Gary, aged 30, has been convicted of murder after he stabbed a man who was rude to Gary’s girlfriend. The man died. B) Candice, aged 17, has been repeatedly harassing her neighbours by shouting abuse through their letter box.
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Wilmington Academy GCSE Law: Sentencing Project
C) William, aged 25, is drunk and is caught speeding on his motorbike. (6 MARK QUESTION) – a)
ii)
Select two (2) sentences from the list in a(i) and explain how each sentence works.
Wilmington Academy GCSE Law: Sentencing Project
However, there are still many countries throughout the world who believe in capital punishment as an effective sentence for people who commit a variety of crimes. As part of Task 6, you will be required to conduct research on the reasons why some countries have chosen to abolish capital punishment, yet others have not. 1. Give a definition of what the capital punishment/death penalty is (cite your source);
(3 MARK QUESTION) – b)
Whenever a criminal pleads guilty or is convicted of an offence and important part of the criminal process is for the court to decide on a sentence. There are several aims relating to sentencing which try to explain the reason why a particular sentence is given.
2. Identify 5 countries who still have capital punishment as a form of sentencing; 3. Create a poster to explain the arguments for and against the death penalty (include your own views on the death penalty). Fancy a challenge…
Identify any three (3) aims of sentencing. Fancy a challenge… (6 MARK QUESTION) – Discuss the effectiveness of the aims of sentencing.
TASK 6:
Read the following scenario and say whether you think it is right that the offender is facing the death penalty. Give reasons for your answers: Belinda has received the death penalty after being found guilty of murdering her ex-husband and 2 children in America. Belinda suffers from a severe mental illness, which was brought about by the breakdown of her marriage. At her trial, she said that she had no choice but to kill her 2 children, as they reminded her too much of her ex-husband.
In the United Kingdom, we abolished (it is no longer used) capital punishment (the death penalty) in 1965 (by the Murder (Abolition of the Death Penalty) Act 1965); Under the European Convention on Human Rights, it was also abolished throughout the European Union.
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Wilmington Academy GCSE Law: Sentencing Project
GCSE LAW Sentencing Project1
Wilmington Academy | Business Faculty
We want you to become better, more independent learners, so we have created this project to help you become excellent at being: Independent Enquirers: work with increasing independence and apply your knowledge, competence, cultural and critical understanding to new and increasingly challenging contexts. Creative Thinkers: experiment with creative approaches to solve problems, experiment with ideas, materials, tools and techniques, and try out alternatives. Reflective Learners: continuously monitor your own progress, identifying criteria for success and making changes to further your learning, understanding and knowledge. Self Managers: initiate projects for yourself, demonstrating commitment and perseverance and the ability to prioritise your actions to work towards your goals. Effective Participators: appreciate the importance of reviewing alternatives, negotiating and balancing the diverse views of others to achieve successful outcomes. In this project, you will concentrate on…
DATE GIVEN: DATE DUE: 1
______________________ ______________________
Independent Enquirers Self Managers
Creative Thinkers Team Workers
Reflective Learners Effective Participators
th
Written in conjunction with AQA/QCR GCSE Law (5 ed., Jacqueline Martin, 2012)
1 of 6
Wilmington Academy GCSE Law: Sentencing Project
Wilmington Academy GCSE Law: Sentencing Project
Contents
Introduction:
TASK 1 Aims of Sentencing
PAGE 2
TASK 2 Which aim?
PAGE 3
TASK 3 Types of Sentences
PAGE 4
TASK 4 Which sentence?
PAGE 5
TASK 5 Putting it to the test…
PAGE 5
TASK 6 The death penalty
PAGE 6
When someone is convicted of a criminal offence, they are sentenced according to the sentencing guidelines associated with that particular offence. When judges or magistrates pass sentence on a defendant, they think about several different matters. As law students, it is really important that you understand the types of sentences available, the reason why judges and magistrates pass particular sentences and what particular sentences try an achieve i.e. their aim. In this Sentencing Project, you will further your understanding about what the main theories of sentencing are, how sentences are applied and enforced and also have the opportunity to pass sentences yourself!
TASK 1: When sentencing a defendant, judges and magistrates must think of the following:
The aim or purpose of the sentence – what does the judge/magistrate want to achieve when sentencing the defendant? The facts of the crime/offence – is the crime that the defendant committed particularly serious? What role did the defendant play in committing the offence?
2 of 6
Wilmington Academy GCSE Law: Sentencing Project
The background of the defendant – has the defendant got any previous convictions? Have they got a history of drug abuse or mental illness? Has the defendant plead guilty to the crime/offence – when did they plead guilty? Have they shown remorse/regret over their actions?
Section 142 of the Criminal Justice Act 2003, sets out the aims of sentencing as: 1. 2. 3. 4. 5.
Punishment (Retribution) Deterrence (Reduction of Crime) Reform and Rehabilitation of the offender Protection of the Public/Society Reparation to the victim(s)
For Task 1, you need to be able to demonstrate your understanding the 5 aims of sentencing, highlighted above. 1. Design a leaflet describing the 5 different aims of sentencing. 2. For each aim of sentencing, give an example of the type of sentence, which could be passed. Fancy a challenge… The aims above deal with the aims of sentencing used by judges and magistrates when sentencing adult offenders i.e. those over the age of 18.
Wilmington Academy GCSE Law: Sentencing Project
1. Research the aim(s) of sentencing used by judges and magistrates when sentencing young offenders (10-17 years old). 2. Why do you think these particular aim(s) of sentencing are preferred when dealing with young offenders?
TASK 2: An important tool to learn whilst studying GCSE Law is the ability to be able to apply your knowledge of the law to given scenarios in order to demonstrate your understanding. 1. Read the scenarios below. Indicate which aim of sentence you think the judge or magistrate should use when sentencing the defendants. Oliver Barnet: Ollie has been arrested for a series of drug offences. He is 36 years old and has a history of drug abuse, having been arrested on numerous occasions for minor drugs possession. Chloe Franklin: Chloe has been charged with a serious assault. Her victim (a 85 year old elderly woman) was left with several cuts and bruises and a broken wrist as a result of the attack. Chloe is 22 years old, and has prior convictions for minor assault and petty theft.
3 of 6
Wilmington Academy GCSE Law: Sentencing Project
Fancy a challenge… Craig Lomax: Craig is 16 years old. He has never been in trouble with the Police before, but got caught with a group of friends stealing and joy-riding a car. Although Craig did not steal the car, he knew that it was stolen when he agreed to be a passenger in the car.
Wilmington Academy GCSE Law: Sentencing Project
d. What types of sentences are typically handed out to Young Offenders? Why do you think this is? 2. Research and write a definition (in your own words) for the different types sentences identified below: a. Mandatory Life Sentence b. Suspended Prison Sentences (or Suspended Sentence)
TASK 3: There are 4 different categories of sentences which could be past on a guilty defendant, depending upon the nature and seriousness of the offence and their background. These are: 1. 2. 3. 4.
Custodial Sentences Community Orders Fines, and Discharges
1. For each of the above categories of sentence: a. Write a brief definition of what they are and mean. b. Rank them in order of seriousness. c. Give an example of the sort of sentence(s), which could be passed under these different categories.
c. A Curfew Requirement For all you superstars…can you identify the category of sentence they come under and a typical offence for which this sentence might be passed? Fancy a challenge… For each of the scenarios below, suggest one suitable sentence for each of the scenarios below. For extra superstar points, try to point out the aim of sentencing, which would be adopted as a rationale (reason) for your suggested sentence. 1. Jimmy, aged 21, has been found guilty of stealing a pair of Nike tracksuit bottoms from JB Sports. He has never been in trouble with the police before. 2. Kerry, aged 30, has been found guilty of ABH. She has 2 previous convictions for violent offences.
4 of 6
Wilmington Academy GCSE Law: Sentencing Project
3. Reece, aged 24, has been found guilty of driving whilst over the limit (alcohol). He has one previous conviction for a similar offence, for which he received 3 point on his licence.
TASK 4: As we have seen through previous projects, newspapers are fantastic sources of the law in action. Criminal cases are highly publicised in all local and national newspapers on a regular basis. Task 4 will require you to put together the research skills you have gain through previous projects and your newly acquired knowledge and understanding of the principles of sentencing. 1. Find 2 recent news articles giving details of the sentence(s) passed on offenders by the courts;
Wilmington Academy GCSE Law: Sentencing Project
1. What makes them similar/different? 2. If they were similar, did the judge/magistrate give different sentences? 3. Do you agree with the sentences passed by the judge/magistrate? Explain why.
TASK 5: One of the most fundamental skills as a student is your ability to reproduce your knowledge and understanding in exam conditions. To get you started, read and answer the following previous exam question: GCSE Law 2010 – (3 MARK QUESTION) – a) i)
2. Cut/Print out the news article. Write a small summary (no more than 200 words) describing the offence and offender, the sentence that was passed and the likely aim of sentencing that was adopted. You can do this by searching online (through search engines such as Google or Bing), or by reading either your local or a national newspaper. Fancy a challenge… Compare the types of offences and offenders and the types of sentences, which you have read about in your news articles:
Identify the most appropriate sentence from the list below for each of the three scenarios (A, B and C).
Suspended Sentence Community Order Electronic Tagging Disqualification from Driving Mandatory Life Sentence
A) Gary, aged 30, has been convicted of murder after he stabbed a man who was rude to Gary’s girlfriend. The man died. B) Candice, aged 17, has been repeatedly harassing her neighbours by shouting abuse through their letter box.
5 of 6
Wilmington Academy GCSE Law: Sentencing Project
C) William, aged 25, is drunk and is caught speeding on his motorbike. (6 MARK QUESTION) – a)
ii)
Select two (2) sentences from the list in a(i) and explain how each sentence works.
Wilmington Academy GCSE Law: Sentencing Project
However, there are still many countries throughout the world who believe in capital punishment as an effective sentence for people who commit a variety of crimes. As part of Task 6, you will be required to conduct research on the reasons why some countries have chosen to abolish capital punishment, yet others have not. 1. Give a definition of what the capital punishment/death penalty is (cite your source);
(3 MARK QUESTION) – b)
Whenever a criminal pleads guilty or is convicted of an offence and important part of the criminal process is for the court to decide on a sentence. There are several aims relating to sentencing which try to explain the reason why a particular sentence is given.
2. Identify 5 countries who still have capital punishment as a form of sentencing; 3. Create a poster to explain the arguments for and against the death penalty (include your own views on the death penalty). Fancy a challenge…
Identify any three (3) aims of sentencing. Fancy a challenge… (6 MARK QUESTION) – Discuss the effectiveness of the aims of sentencing.
TASK 6:
Read the following scenario and say whether you think it is right that the offender is facing the death penalty. Give reasons for your answers: Belinda has received the death penalty after being found guilty of murdering her ex-husband and 2 children in America. Belinda suffers from a severe mental illness, which was brought about by the breakdown of her marriage. At her trial, she said that she had no choice but to kill her 2 children, as they reminded her too much of her ex-husband.
In the United Kingdom, we abolished (it is no longer used) capital punishment (the death penalty) in 1965 (by the Murder (Abolition of the Death Penalty) Act 1965); Under the European Convention on Human Rights, it was also abolished throughout the European Union.
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