Criminal Minds : How Long Did He Get?

Crime and the Legal System are topics which are of greater public interest in the last few years, with shows such as CSI and Criminal Minds becoming increasingly popular. This article outlines the various sentencing possibilities and what each of them means for the criminals.

Sentencing

Sentencing is the final stage of the criminal process which occurs when either a defendant admits his guilt or is found guilty after trial process.

Sentences can include the following:
A fine, which is a financial penalty often backed up with a community sentence or imprisonment. They are usually given for less serious offences that do not deserve a community or prison sentence.

The sentencing court decides on the amount an offender should pay based on:

- the offence
- the offender’s ability to pay

The offender’s ability to pay is based upon:
- income
- outgoings
- savings

If the offender has caused harm to a victim, the offender will have to make a compensation payment. The offender will also have to pay towards the cost of the court hearing. An extra payment called a ‘victims’ surcharge’ of £15 may also be added.

Community Sentence

A Community Sentence which includes the following and is carried out by the offender within the community:

• Unpaid work which benefits the community termed Community Payback for between 40 and 300 hours.

• The offender may have to receive treatment for alcohol, drug problem or anger management problems.

• A curfew, where the offender has to stay indoors, usually at their home, for set times each day usually monitored by an electronic tag.

• Go to school.

• Fulfil a ‘residence sentence’ which means the offender must live at a specified place such as a probation hostel.

• Receive mental health treatment.

• Attend an attendance centre, where 18 to 24 year‐olds receive help dealing with the issues that led them into crime.

• Complete a ‘supervision sentence’ which means the offender has to have regular appointments with a probation officer to discuss and alter his offending behaviour.

Imprisonment

An offender will receive a prison sentence when the offence is so serious or when the public must be protected, and when only a prison sentence is a suitable form of punishment.
There are different types of prison sentences:

1. suspended
2. determinate
3. indeterminate
4. life


1. Suspended

A suspended prison sentence means the offender doesn’t to prison. They do, however, have to meet certain conditions in the community. For example:
A curfew, which restricts the times an offender can go outside monitored by an electronic tag.
Doing unpaid work, that is Community Payback.
The conditions can last for up to two years. If the offender breeches any of the conditions he may have to serve the original prison sentence.

2. Determinate

A determinate sentence is where the court sentences the offender to a prison sentence of a fixed length. If an offender receives a determinate sentence of less than 12 months, the offender is released automatically at the halfway point of his sentence. If the offender commits a further offence during the remaining half of their
sentence, they may serve some of their sentence in prison plus being punished for the new offence.

3. Indeterminate

An indeterminate prison sentence is where the court sentences the offender to a minimum term of imprisonment. This minimum period is known as a tariff. In the main such sentences are for violent, sexual or prolific offenders.

4. Life

Life sentences are of course for very serious offences such as: murder, manslaughter, rape, armed robbery or arson. Indeed for murder a life sentence is mandatory. A life sentence lasts for life because if the offender is released on licence, the licence lasts for the rest of his life. For most life sentences the judge recommends a minimum time the offender will spend in prison before being considered for release.

A judge may sentence an offender to a ‘whole life term’. This means that there is no minimum term set by the judge, and the offender will never be considered for release during their lifetime. This is obviously for very serious offenders and at present numbers 35 in the country.


This article has been put together by the distance learning organisation Start Learning who are experts in home study.

If you want to find out more about Criminology or many other distance learning courses please browse their website: Start Learning

Kerrana McAvoy
Academic Director – Start Learning
Start Learning