2.3 Flashcards
1
Q
What are the 4 forms of punishment that can be assessed on how they meet the aims of punishment?
A
- Imprisonment
- Community sentences
- Financial penalties
- Discharge
2
Q
How does imprisonment meet the aim of retribution?
A
- Loss of freedom - proportionate
- Suffering and hardship - restricted living conditions in prison (face consequences)
3
Q
How does imprisonment not meet the aim of retribution?
A
- Disproportionate sentences - too harsh or too lenient
- Early release - SDS40 only serve 40% of sentence (disproportionate)
4
Q
How does imprisonment meet the aim of rehabilitation?
A
- Education and training programmes - eg, Ryan Herbet made “exceptional progress” in the learning together programme
- Wellbeing programmes - therapy and support
5
Q
How does imprisonment not meet the aim of rehabilitation?
A
- Low quality education - ofstead = 9/32 good institutions
- Universities of crime - recidivism rates of 42% 12 months after release
6
Q
How does imprisonment meet the aim of deterrence?
A
- Fear of punishment - loss of freedom, harsh conditions deter individuals from crime
- Recidivism rates - 58% do not reoffend 12 months after release (effective individual deterrence)
7
Q
How does imprisonment not meet the aim of deterrence?
A
- Prison population - risen by 80% in the last 30 years
- Recidivism rates - 63% reoffending rate for short term prison sentences
8
Q
How does imprisonment meet the aim of public protection?
A
- Incapacitation - confine offenders
- Whole life tariff - 71 individuals currently serving eg, Lucy Letby and Rose West
9
Q
How does imprisonment not meet the aim of public protection?
A
- Short term protection - average custodial term is 20.9 months eg, Andrew Dawson was on license when he killed a man (previously in prison for killing 2 people)
- Average life sentence - 16.5 years (only temporary protection
10
Q
How does imprisonment meet the aim of reparation? (1)
A
- Prisons warning act 2011 - contribute part of their community earnings to victim support services
11
Q
How does imprisonment not meet the aim of reparation? (1)
A
- Unduly lenient sentencing - early release schemes mean offenders do not repay their debt to society
Eg, SDS40 early release scheme - serve 40% of sentence
12
Q
How does imprisonment meet the aim of denunciation? (1)
A
- Public visibility - high profile cases act as general deterrence eg Lucy Letby
13
Q
How does imprisonment not meet the aim of denunciation ? (1)
A
- Inconsistency in sentencing - unequal sentencing based on race or social class eg Lavinia Woodward
14
Q
How do community sentences meet the aim of retribution?
A
- Loss of freedom - curfews and monitoring
- Proportionate sentences - 40 to 300 hours of unpaid work
15
Q
How do community sentences not meet the aim of retribution?
A
- “Soft option” - too lenient, not enough punishment
- Wayne Rooney - enjoyed community sentence, “refreshing” and “relaxing”
16
Q
How do community sentences meet the aim of rehabilitation?
A
- Behaviour modification - drug and alcohol testing and treatments eg, Ant McPartlin given community sentence for drink-driving and rehab for alcohol addiction
- Community payback - develop responsibility
17
Q
How do community sentences not meet the aim of rehabilitation?
A
- Limited resources - lack of funding reduces effectiveness of rehabilitation
- Recidivism rates - 56% reoffending rate for community sentence
18
Q
How do community sentences meet the aim of deterrence?
A
- Public visibility - general deterrence
- Increasing consequences - stricter punishment (eg, prison) for reoffending deters individuals
19
Q
How do community sentences not meet the aim of deterrence?
A
- Soft option - “revolving door of community sentences before finally receiving a custodial sentence”
- Recidivism rates - 75% of people sent to prison has already had at least one community sentence
20
Q
How do community sentences meet the aim of public protection?
A
- Supervising and monitoring - regular check ins
- Incapacitation - curfews and location tags restricts their ability to go to certain areas
21
Q
How do community sentences no meet the aim of public protection?
A
- Limited resources - lack of funding reduces effectiveness of CS preventing crime
- Recidivism rates - 56% reoffending rate for community sentences and 75% of people sent to prison has already had at least one community sentence
22
Q
How do community sentences meet the aim of reparation?
A
- Community payback - 40 to 300 hours
- Restorative justice - victim offender dialogue
23
Q
How do community sentences not meet the aim of reparation? (1)
A
- Incomplete sentences - 41.8% of u paid work completed between January and march 2021
24
Q
How do community sentences meet the aim of denunciation? (1)
A
- Public visibility - public statement of disapproval
25
How do community sentences not meet the aim of denunciation? (1)
1. Incomplete sentences - 41.8% of community sentences are incomplete (tells public that community sentences are not taken seriously eg, West Yorkshire payback)
26
How do financial penalties meet the aim of retribution?
1. Proportionate sentences - tailored to severity of crime
2. Economic loss - direct economic consequences to offender
27
How do financial penalties not meet the aim of retribution?
1. Written off fines - £4.4 billion outstanding penalties
2. Unequal impact - eg, Rita Ora and 19 year old student given the same £10,000 fine for hosting a party during COVID = light penalty for rich, harsh for poor
28
How do financial penalties meet the aim of rehabilitation?
It does not
29
How do financial penalties not meet the aim of rehabilitation? (1)
1. Lack of rehabilitation - does not address root causes (backward looking)
30
How do financial penalties meet the aim of deterrence?
1. Rational choice - fines increase the cost of crime (general)
2. Escalating consequences - failure to pay fines lead to stricter penalties (individual) and repeat offence leads to stricter penalties (21.2% first time offenders reoffend after fine)
31
How do financial penalties not meet the aim of deterrence?
1. Reoffending rates - minor offences not effective eg, speeding
2. Low impact on companies - eg, Thames Water polite water fines £20 million but continued as it costs less to pay fines than to change operation
32
How do financial penalties meet the aim of public protection? (1)
1. Deterrence leads to public protection - fear of fines
33
How do financial penalties not meet the aim of public protection?
1. Lack of incapacitation - do not restrict offenders freedom so can still reoffend
2. Failure to address root causes - eg, poverty and addiction
34
How do financial penalties meet the aim of reparation?
1. Criminal compensation orders - restore losses
2. Funding community programmes - money from fines reinvested into community, aiding reparation
35
How do financial penalties not meet the aim of reparation?
1. Unpaid fines - £250 million in court fines written off
2. Inadequate compensation - may not fully cover victims losses eg, BP oil spill fined $20.8 billion which pays for 30% of the damages
36
How do financial penalties meet the aim of denunciation? (1)
1. Declaration of wrongdoing - publicly signal disapproval
37
How do financial penalties not meet the aim of denunciation? (1)
1. Unpaid fines - weakens the denunciation effect on fines eg, £250 million written off in 2014
38
How do discharges meet the aim of retribution? (1)
1. Proportionate sentence - even minor crimes receive some form of response
39
How do discharges not meet the aim of retribution?
1. Non-punitive sentence - no real penalty for absolute discharge
2. Hilary Alflatt - repeated assault given absolute discharge due to offender now having dementia
40
How do discharges meet the aim of rehabilitation? (1)
1. Conditional discharges - conditions given to address root causes
41
How do discharges not meet the aim of rehabilitation? (1)
1. Absolute discharge - no conditions mean no rehabilitation
42
How do discharges meet the aim of deterrence?
1. Conditional discharge - threat of harsher sentence (individual)
2. Recidivism rates - 26.5% reoffend
43
How do discharges not meet the aim of deterrence? (1)
1. Avoidance of punishment - too lenient, no deterrent effect
44
How do discharges meet the aim of public protection?
1. Deterrence leads to protection - risk of harsher punishment, results in conformity
45
How do discharges not meet the aim of public protection? (1)
1. No incapacitation - free to commit further crimes
46
How do discharges meet the aim of reparation?
1. Conditional discharge - can have compensation eg, egg thrower to Nigel Farage paid £100 to Farage and £100 towards court fees
2. Court fee - pay a fee to court
47
How do discharges not meet the aim of reparation?
1. Absolute discharge - no penalty imposed (no amends made)
2. Eg, Hilary Alflatt
48
How do discharges meet the aim of denunciation? (1)
1. Prosecution process - going through court system reinforces the idea that society disapproves of their behaviour
49
How do discharges not meet the aim of denunciation?
1. Avoidance of punishment - absolute discharge (no consequence)
2. Discharge represents 2% of all offences - public do not approve or are not interested in these cases (not effective punishment)
