2.3- Access how forms of punishment meet the aims of punishment Flashcards
5 aims of sentencing
public protection, deterrence, rehab, retribution, reparation
four sentence types to punish offenders
fines, community sentences, imprisonment, discharges
what is imprisonment?
handed down by courts for serious offences, or when they believe they should protect the public- e.g. 1/2 of prisoners in Uk are convicted of violence or sex crimes
-three types of prison sentences: indeterminate and life, determinant, and suspended sentences
Describe a life sentence:
-most serious that can be set
-judge set min time they must be in prison before being considered for parole. If they are seen suitable to be on parole they are released on a licence that stays with them their whole life, if they are to break it they are put back in jail.
-mandatory life sentences for murders, discretionary for rapists
-can be set to a whole life sentence without possibility of release
describe an indeterminate sentence:
-set a min time the person must spend in prison, cannot be released after min term has been served, Parole board will decide.
-2018: 10,000 serving
-account for 14% of prison population
-Some are imprisonment for public protection: Criminal Act 2003 stated some are allowed to not be released after min sentence if they are perceived too dangerous. How ever this was abolished in 2012. Still 2200 in 2019
describe determinate sentences:
fixed length. most prisoners serve this (65000ish in 2021) not all the sentence is served in prison in most cases:
under 12 months: offender is released half way
over 12 months, first half in prison and second in community on licence. (licence is supervised by probation and provides rules e.g. drug testing)
Less than 2 years: released on post sentence supervision for 12 months, w regular meetings w probation officer.
describe suspended sentences:
Suspended sentences: given a sentence but doesnt go to prison directly. May receive if they other wise would be given a 12 month under sentence. Can be suspended up to 2 years. Court may also impose requirements e.g. drug testing. They cannot break requirements or they may be sent to prison to serve their original sentence
-in 2019: 15% serious offenders (indicatable) were given a suspended sentence
Does imprisonment meet its aims of punishment? Retribution
-prisons punish people by taking away their freedom. (and often imposes unpleasant living conditions on them)
-however it is difficult to say whether they get their just deserts- e.g. length of sentences on crime, relapse rates
Does imprisonment meet its aims of punishment? Deterrence
-deters would be offenders from committing crimes especially if they have a lot to loose.
-high re offending rates from ex prisoners suggests it is not a sufficient form of deterrence. E.g. 1/2 of adult offenders re offend w/i a year
-only works if offenders are thinking rationally. Not the occurrence in most cases where they are under influence of drugs and alcohol
Does imprisonment meet its aims of punishment? Public Protection
-takes them out of circulation, cannot harm public, staff etc. Can provide it in many ways: whole life sentences, indeterminate can be kept for as long as they are deemed dangerous, trend with longer sentences suggests it is occurring, and licence/ supervision when release also increases public protection
-can be argued to be a school for crime, so while it buys temporary protection it can cause even more harm later
-costly, and it is argued this could go towards other forms of public protection
Does imprisonment meet its aims of punishment? Reparation
Prisoners Earnings Act 2011- prisoners who work outside of prison so they can be released back into life: can be made to pay some earnings towards the cost of victim support services, forcing prisoners to take responsibility for the harm they have caused.
Does imprisonment meet its aims of punishment? Rehab
-changes offender.
-48% of prisoners re offend w/i a year of release
-for those with a sentence for less than two months: 64%
-6,789 prisoners were recalled to prison for breaching their license conditions in 2019
Reasons for failure: short sentences, (nearly half are six months or less) not enough time to consider long term effects or reasoning such as mental heath and help them efficiently. Been found to be less effective than community sentences.
-Education and training: even if sentences are longer it is still harder to help people in time for release. 1/4 people leave with a job- mostly due to then not having the literacy skills of someone over 11 (1/2). Only fewer than 400 a month get the chance to do ROTL: allow them to attend work or training.
-addressing offending behavior: shortage on places on courses that address offending behavior, such as anger management programmes. Many of those who are on indeterminate publics protection sentences are due to lack of solutions for behavior
what are community sentences?
Imposed for offenses where are too serious for a discharge or a fine but not serious enough for prison. They will be given one or more requirements: supervision by a probation officer, between 40 and 300 hours of non paid work, a curfew or exclusion offer, group programme etc.
does community services meet thier punishment aims? retribution
-all CS must include an element of punishment. E.g. curfews or exclusion orders stop movement, suffering limits on freedom.
Name and shaming- paid work- ‘community payback’ on the back
does community services meet thier punishment aims? reparation
include fixing damages they did e.g. to property. Also to whole community, such as removing graffiti
