Sentencing Principles and Practices

These flashcards cover key concepts, definitions, and principles related to sentencing as discussed in the lecture.

Sentencing

The judicial process in which a judge determines the punishment for a convicted offender.

Sentencing Advisory Council

A body responsible for overseeing and advising on sentencing practices in a legal jurisdiction.

Purposes of Sentencing

The reasons for which a sentence can be imposed, including just punishment, deterrence, denunciation, rehabilitation, and community protection.

Principles of Sentencing

Guidelines judges must follow, including parsimony, proportionality, parity, and totality.

Cumulative Sentence

A sentencing approach where multiple sentences for different crimes are served one after the other.

Concurrent Sentence

A sentencing approach where multiple sentences for different crimes are served at the same time.

Victim Impact Statement

A statement made by the victim detailing the impact of the crime on their life, which can be presented in court.

Non-parole Period

The portion of a prison sentence that must be served in custody before a prisoner is eligible for parole.

Burglary

An offense involving unauthorized entry into a building with the intent to commit theft, assault, or damage.

Maximum Penalty for Burglary

The most severe punishment prescribed for burglary, which can be up to 10 years of imprisonment.

Aggravating Factors

Circumstances that increase the severity or culpability of a criminal act.

Mitigating Factors

Circumstances that decrease the severity or culpability of a criminal act.

Community Correction Order

A non-custodial sentence that allows offenders to serve their sentence in the community under supervision and with conditions.

Compensation Order

An order requiring an offender to pay restitution to the victim for damages caused by their crime.

Remorse

A feeling of regret or guilt for having committed a wrong or crime.

Culpability

The degree of blameworthiness or guilt assigned to an offender.

Effective Sentencing

A sentencing approach that balances the interests of the community, the victim, and the offender.

Standard Sentence

The typical or baseline sentence established for a particular offense, which guides judicial decision-making.

Sentencing Act 1991 (Vic)

Legislation outlining the framework for sentencing practices and principles in Victoria, Australia.

Total Effective Sentence (TES)

The total length of imprisonment for all offenses in a case, accounting for multiple sentences.

Correctional Authorities

The organizations responsible for overseeing offenders after sentencing, including prisons and parole boards.