2.3 Flashcards
How does imprisonment meet the aims of punishment?
Retribution: Prison removes liberty as payback for wrongdoing. Life sentences show severity: Mandatory life for murder = minimum 25 years. Discretionary life for serious offences like manslaughter, rape. Average time served for life = 17 years (2021). Offenders like Rose West may never be released. Post-release, they’re monitored and can be recalled. Seen as “just desserts” for serious crimes (e.g., taking a life). In some countries (e.g., US), death penalty also seen as retribution.
Public Protection: Indeterminate sentences (no set release) keep dangerous offenders away from the public. Though abolished in 2012, still used for pre-2012 cases (e.g., John Worboys). Parole Board controls release. Offers absolute protection while in custody, at the cost of liberty/human rights.
Rehabilitation: Fixed-term sentences: Under 2 years = release halfway, with 12+ months supervision. Over 2 years = half in prison, half supervised in community. Each prisoner has a case manager & custody plan. Goal is to reduce risk of harm and reoffending. However, 48% of adults (2021) reoffend within a year; 63% for <1-year sentences.
Deterrence: Suspended sentence: prison term is delayed up to 2 years. Offender stays in society but risks prison if reoffending. Acts as a deterrent. Rare: only 4% of prison sentences (2021). Still, 54% reoffend within a year.
How do community sentences meet the aims of punishment?
Retribution: Combine punishment and reform. May include: unpaid work (e.g., graffiti removal), curfew, drug/alcohol treatment, and probation supervision. Punishes while aiming to reduce further crime.
Rehabilitation: Use declined 66% since 2010, now only ~10% of convictions. But 7% more effective than short custodial sentences for reducing reoffending. Tailored to offender needs: Curfews for burglars. Treatment for anger, drug, or alcohol abuse. Supports change by addressing root causes of offending.
Public Protection: Judges can impose: Curfews, enforced with electronic tagging. Drug/alcohol testing. Driving disqualifications. These limit opportunities to reoffend and keep the public safe.
How do fines meet the aims of punishment?
General Info: Amount depends on offender’s finances and crime severity. Common for minor offences (e.g., driving). Often paid in instalments or from benefits.
Deterrence: Intended to discourage reoffending. Can lead to prison if deliberately unpaid. Poor enforcement: £237.1 million written off (2009–2013). 61% of fines written off/uncollected (Mirror). High fixed penalties (e.g., for littering) may deter some, but not all.
Retribution: Financial penalty = punishment for wrongdoing. Fine should reflect offence severity and offender’s financial status. Sentencing Code s125(2) & (3) ensures fairness. Excessive fines can lead to further crime; small fines may not affect wealthy. In 2019, 78% of all offenders (927,000) received fines—shows widespread use.
How do discharges meet the aims of punishment?
General Info: Still results in a criminal record. Conditional discharge: no penalty unless reoffending within time limit. Absolute discharge: no penalty, used when offender is guilty but morally blameless. Rare—4% of all sentences in 2019.
Deterrence: Conditional discharge: Used for minor first-time offences. If no reoffending, no punishment. If reoffending, court can impose sentence for both offences. Seen as a “second chance”—short-term deterrent. May not change long-term behaviour. Absolute discharge: No penalty given. Assumes court experience is enough of a deterrent. May work for sensitive offenders. Less effective for hardened criminals—they’re likely to reoffend.
