2.3 Flashcards
Outline the different types of prison sentence a court can issue
- Mandatory life sentence- only sentence available for murder if over 18. Ranges from full life term to 15 years
- Discretionary life sentences- avalaible for other serious offences but down to the discretion of the judges
- Fixed-Term Sentences- there is an automatic release after half the sentence served. Only available if over 21 years old
- Home Detention Curfew- early release from prison on curfew. Outlined in Crime and Disorder Act 1998
- Indeterminate Sentences- for dangerous offenders for public protection
- Extended Sentences- custodial sentence up to the maximum for the crime followed by an extension period on license
- Suspended sentence- of 28-51 weeks suspended for up to 2 years- sentence only has to be served if offender commits further offences
Assess how the courts use imprisonment to meet their aims in terms of the advantages of using prison as a sentence
- meets aims of public protection, as whilst offenders are in prison they cannot further harm the victims or any other members of society
- meets aims of retribution for most crimes as sending offenders to prison expresses society’s outrage at crime but for some crimes such as rape or murder, some people may feel prison not harsh enough punishment
- meets aim of detterence for those who have never been to prison before, as shown by the fact most members of society not in prison
Assess how the courts use imprisonment to meet their aims in terms of the disadvantages of using prison as a sentence
- Does not meet aim of rehabilitation as 24.9% adults reoffended (year ending March 2022). Prison culture stops people rehabilitating as constantly surrounded by crime that reinforces their behaviour. Prison often referred to as a ‘University of crime’, where offenders behaviour gets worse and escalates as they learn things from others
- BUT some programmes within prison can help many to rehabilitate such as anger management or restorative justice
- may not meet aims of reparation for some crimes e.g. murder, as victim family may feel a harsher sentence should be given
- does not meet aims of deterrance for all people already in prison, as the reoffending rates show offenders are not detterred away from committing more crime
- may not meet aims of public protection for those in prison, shown by prison rapes, and violent offences that take place in prison. Almost 1000 rapes in prisons in E and W since 2010 (the Guardian, 2023)
What are Community sentences?
- can include a range of requirements for offenders over 18
- completing up to 300 hours of unpaid work
- undertaking rehab activity
- taking part in behaviour programmes
- being forbidden from taking part in certain activities
- Sticking to a curfew
- meeting an exclusion requirement
- being obliged to live at a certain address
- being prohibited from travelling overseas
- undergoing mental health treatment, drug rehab, alcohol abstinence and treatment monitoring requirement with offender consent
- electronic monitoring
- The Youth Rehabilitation Order brought in by Criminal Justice and Immigration Act 2008 includes a range of 18 requirements: supervision, unpaid work, activity programme, unpaid activity, curfew, exclusion, education, intensive supervision and surveillance etc
Asses how the courts use community service to meet their aims, in terms of the advantages of community sentences as a sentence
- may meet aims of deterrance as those doing community service (unpaid work) have to wear an orange jacket that states ‘community payback’, which may deter general public, as this would cause feelings of shame and embarassment
Assess how the courts use community sentences to meet their aims, in terms of the disadvantages of community sentences as a sentence
- does not meet aims of retribution as for some crimes, many members of public may not feel a community sentence is a harsh enough punishment so does not express the outrage of society
What fines may be issues by courts?
- fines for driving offences e.g. drink driving, where the maximum sentence is an unlimited fine
- parking tickets for overstaying in a car park not usually more than £100
Assess how the courts use fines to meet their aims in terms of the advantages of using fines as a sentence
- may meet aims of deterrance as members of public do not want to pay fine BUT if fine not paid offenders may have possessions taken from them or sent to prison, so they feel pressured to pay it
- if fine large enough, fines may meet aim of retribution as this may be enough to express society outrage e.g. having to pay an unlimited fine for a crime will inconvenience someone for life. This is dependant on how severe the crime is though
- may meet aim of reparation particularly if fine given for petty theft, as victim may be given compensation payment
- for poorer people, may meet aim of rehabilitation as they do not want to get another fine as they are struggling to pay for the first one, so do not commit crimes again BUT e.g. impoverished mothers may not rehabilitate as they would still rather commit theft by stealing baby food and feed their child than let their child starve and not receive another fine.
Assess how the courts use fines to meet their aims in terms of the disadvantages of using fines as a sentence
- For wealthier people, may not meet aims of deterrance as they are able to pay the fines more easily, so they are less of an inconvenience and will have little impact on their financial stability, so are not deterred from committing the same crimes again
- may not meet aim of retribution if given to a wealthy individual, who committed a serious crime such as drink driving as society may feel a harsher sentence should be given, as they are aware the fine will not be impactful on offender’s life so will feel this does not serve justice.
- for wealthy people, does not meet aim of rehabilitation as they are financially stable enough to be able to afford to pay the fine so may commit more crimes because they are not impacted by the perceived potential consequences
- does not meet aim of public protection in cases such as drink driving, unless offender also receives a driving ban as otherwise, public still at risk of dangers on the roads, such as collisions.
What is a discharge?
a dismissal from the courts (being called to court and being ‘told off’ by magistrates is enough for some offenders, particularly fist time offenders OR the offence is deemed very minor OR the offence is out of character for the individual)
What is Absolute Discharge?
no penalty imposed and offender free to go
What is a Conditional Discharge?
offender is free to go on the condition that he/she does not reoffend within a specified time period set by the magistrates. If they do reoffend then they will face punishment
Assess how the courts use discharges to meet their aims, in terms of the advantages of using discharges as a sentence
- may meet aims of deterrance as aims to deter people from future crime by fear of punishment
Assess how the courts use discharges to meet their aims, in terms of the disadvantages of using discharges as a sentence
- absolute discharge supposed to deter offenders from future crimes with the whole experience but may not meet aim of deterrance for some as many may reoffend as they know there was no consequences for their previous actions, so are not fearful of punishment
- does not meet aim of public protection as offenders are free in society so they harm victims or public again and if given absolute discharge and not caught for further crimes then they will not be punished either
- may not meet aims of retribution as letting offenders go free may not express the outrage of society, if given for certain crimes such as theft, as society may feel an additional fine should be given and that discharge is not proportional to offence
- does not meet aims of reparation as offender does not make ammends for harm caused, as no punishment given.
