(2) AC 2.3 - Assess How Forms Of Punishment Meet The Aims Of Punishment

Question 1

Forms of punishment

Answer 1

Imprisonment
Community
Financial
Discharge.

Question 2

Imprisonment.

Answer 2

Scotland and England and wales have the highest imprisonment rates in Western Europe.
More than 43000 people are sent to prison as of June 2022. 63% reoffend within a year (with sentences less than 12 months)
Almost all offences now receive a much longer custodial sentence (murder average = 18 years rather than 13 in 2001.

Retribution - proportionately punishing offenders for their crimes, some people may argue this is still not enough (slightly effective). Offenders still monitored after release, offender is getting their ‘just deserts’ (effective).
Public protection - keeping dangerous criminals in prison for longer (effective).
Deterrence - people still monitored even after release (effective) but for less serious crimes people may think they can get away with punishment, repeat offenders (less effective).
Reparation - no chance for change (not effective)

Question 3

Community order

Answer 3

Effective for those with large number of previous offences. 56% reoffend in a year. However, the use of community order has almost halved in the last decade.
Women released from prison are more likely to reoffend than those serving a community sentence.

Retribution - giving something back to the community, but some may see it as an easier punishment so may not be proportionate (slightly effective)
Reparation - attempting to make actions good but may not directly help the victim (slightly effective) allowing second chance for offenders behaviour to change (effective)
Deterrence - long hours of unpaid work (effective)
Rehabilitation - community sentences are 8.3% more effective at reducing reoffending rates than custodial sentences.

Question 4

Fines

Answer 4

In June 2019 1.18 million people were sentences and 86% were fines. (Non custodial sentences = 90%).
The income generated from fines is treated as government revenue, it may be directed to court finding but not passed onto victims.

Retribution - giving money back to the community and punishing offender but may not directly help victim, but if (according to daily mail) 61% of fines are written off or not collected, there is no punishment involved (not effective). Good punishment for victimless crimes (effective)
Reparation - making good the damage done, could change future behaviour (effective).
Deterrence - paying fines prevent people from committing crimes, speeding, and prison if fines aren’t paid (effective). Between 2009 - 2013, £237m worth of fines cancelled, people may think they can get away with it (not effective).

Question 5

Discharges

Answer 5

2022, 26009 offenders given discharge = 2% of offenders sentenced.
Conditional or absolute (no penalty) if going to court is enough of a deterrence.

Deterrence - large proportion of offenders are not sentenced, people think they can get away with crimes (not effective) encourages people not to commit further crimes (effective)
Rehabilitation - conditional discharge (effective) making offenders change behaviour so they are not recalled to prison.