2.3 - assess how forms of punishment meet aims of punishment Flashcards
Imprisonment definition
Imprisonment is when the offender has their freedom taken away as they’re given a custodial sentence
Life sentences - given for murder/rape/armed robbery, 25 years to life
Determinate sentences - fixed length
Indeterminate sentences - have a minimum time but no automatic release after this
Suspended - don’t go directly to prison (serve part of sentence in community)
Imprisonment - aims
Retribution (L,I,D) - many victims get revenge as the offender is punished with prison, crimes such as burglary have a minimum sentence
Deterrence (L,I,D,S) - individual knows how harsh prison is so when they get out they don’t re-offend to avoid going back, general public see offender go to prison so are deterred, HOWEVER HIGH RECIDIVISM
Rehabilitation (I,D,S) - prisons offer education and therapy programmes to prevent re-offending, HOWEVER HARD TO DO WITH SHORT SENTENCES AND ONLY 1/4 PRISONERS HAVE JOB WHEN RELEASED
Public protection (L,I,D) - the offender doesn’t have access to the public and is incapacitated, society is safe, HOWEVER ONLY TEMPORARY PROTECTION
Community orders definition
When the offender receives a non-custodial sentence where they may have to do unpaid work in society and may have other conditions such as rehabilitation programmes
Community orders - aims
Reparations - unpaid work allows the offender to give back to the community
Deterrence - as the public can see the defendant working long hours and so they’re deterred, individual wants to finish their community order so won’t re-offend
Retribution - as the offender has to do unpaid work out in society they’re punished for the crime, the society/ victim can actively see their revenge
Public protection - offenders often have a curfew enforced through tagging to reduce the risk of them committing crim as they’re home at night/ not allowed in high crime rate areas
Rehabilitation - courts may require that offender attends programmes as part of their community order
Financial definition
Fines - financial penalties for offending, depend on offence itself (have max fines), circumstances of crime (first offence), offender’s ability to pay, which court (magistrates max of 5K)
Financial - aims
Retribution - financial punishment means the victim/ society sees the offender suffer for the harm they caused
Deterrence - a fine may make offender reluctant to re-offend as often the repeat offence gets a worse punishment
Discharges definitions
Conditional - offender not punished unless they commit another offence within set period of time determined by court
Absolute - no penalty imposed, court grants where a punishment would be inappropriate
Discharges - aims
Deterrence - simply going to court is a big enough fear, can’t commit another crime for conditional
