2.3. Assess how forms of punishment meet the aims of punishment.

Question 1

What are the aims of sentencing?

Answer 1

1. the punishment of offenders (retribution).
2. crime reduction, including through deterrence.
3. rehabilitation of offenders.
4. protection of the public (incapacitation).
5. reparation to victims.

Question 2

Imprisonment.

Answer 2

• Prison sentences handed down by courts for most serious offences, or when court believes that public must be protected by removing offender from society.
• e.g. almost 1/2 of all prisoners in the UK were convicted of sex or violence offences.

Question 3

Types of imprisonment: 1. Life sentences.

Answer 3

• Most serious punishment a UK court can hand to.
• The judge sets the minimum time that the offender must spend in prison before they can be considered for release by Parole Board. The Board then assesses whether their release is safe and suitable. If so, they’re released on licence and have to follow specific rules/conditions and be supervised by the probation service.
• The offender remains on licence for the rest of their life.
• If at any time they break the terms of their licence, they will be called back to prison.

Mandatory life sentences: must be given to offenders who are found guilty of murder. Discretionary life sentences can also be given for other serious offences (rape). In some very serious cases, a judge may sentence an offender to a whole life term. Means they will never be released.

Question 4

Types of imprisonment: 2. Indeterminate sentences.

Answer 4

• Set minimum time the offender must serve in prison.
• Offenders have no automatic right to be released after the minimum term has been served. Instead, the Parole Board will decide if the offender is suitable to be released on licence.
• 2018, were around 10,000 prisoners serving indeterminate sentences. Indeterminate sentences account for around 14% of the prison population - highest in Europe.

Question 5

Types of imprisonment: 3. Determinate sentences.

Answer 5

• Determinate sentences is one with a fixed strength. Most prisoners in the UK serve determinate sentences (around 65-70,000 in 2021). In most cases, not all the sentence is served in prison:
• if the sentence is under 12 months, the offender is normally released halfway through.
• if the sentence is 12 months or more, the offender spends first half in prison and the second half in community on licence. The licence is supervised by the probation service and includes the conditions they must meet. If they break any licence conditions, the offender could be recalled to prison for allow part of their sentence.
• Offenders sentenced to less than 2 years are released on post-sentence supervision for 12 months, with regular meetings with a probation officer and specified requirements.

Question 6

Types of imprisonment: 4. Suspended sentences.

Answer 6

• In suspended sentence, the offender is given a prison sentence but does not go directly to prison.
• May receive suspended sentence if they would otherwise be given a prison sentence of less than 12 months.
• Sentences can be suspended for up to 2 years.
• The court may also impose requirements such as probation or dug addiction treatment.
• Offender must meet these requirements and must not commit any further offence during the suspension period.
• If they do, the court can send them to prison to serve their original sentence.
• In 2019, 15% of those convicted of serious offence received a suspended prison sentence.

Question 7

Does imprisonment meet its punishment aims? - Retribution.

Answer 7

• Idea that offending deserves to be punished and that the punishment should fit the crime.
• Prison punishes people for their crimes by taking away their freedom.
• However, it’s difficult to say whether imprisonment gives offenders their ‘just deserts’. Society disagrees about whether sentences are too long/short, and about which offences or offenders deserve prison.

Question 8

Does imprisonment meet its punishment aims? - Deterrence.

Answer 8

• Argued that risk of being sent to prison deters would-be offenders from committing crimes, and actual offenders from committing further crimes.
• However, high re-offending rates by ex-prisoners suggests prison is not an effective deterrent for many e.g. nearly 1/2 of adult prisoners are re-convicted within a year of being released from jail.
• Deterrence only works if would-be offenders are capable of thinking and acting rationally. Many offences are committed under the influence of drugs/alcohol, and many offenders are poorly educated or have mental health problems.
• In these circumstances, they may not carefully consider the risk of being sent to prison when they commit an offence.

Question 9

Does imprisonment meets its punishment aims? - Public protection (incapacitation).

Answer 9

• It protects the public by taking offenders out of circulation; if they are in jail, they cannot harm the public. Prison ‘works’ as it incapacitates criminals - it puts them out of action for the duration of their sentence.
• ‘Whole life’ sentences keep offenders permanently off the streets.
• Prisoners serving indeterminate sentences can be kept in jail for as long as they are deemed a danger to the public.
• Has been trend towards longer sentences, so the public remain protected from offenders for longer. Includes mandatory minimum sentences.
• Most prisoners are released on licence and under supervision. If they become a danger to the public during their licence period, they can be recalled to prison.
• However, prison can be a ‘school for crime’ - prisoners acquire skills, attitudes and contracts that lead them to offend after their release and potentially to commit more serious offences. Most prisoners are eventually released, so while prison buys the public temporary protection, it may result in greater harm later.
• Also, keeping people in prison is very costly. Critics argue these funds could be used to pay for other ways of protecting the public.

Question 10

Does imprisonment meet its punishment aims? - Reparation.

Answer 10

• One aim of punishment is for the offender to repair the damage caused by the offence, both to the victim and wider society.
• Prisoners’ Earnings Act (2011) - prisoners who are permitted to work outside of prison to prepare for their eventual release, can be made to pay a proportion of their earnings towards the cost of victim support services, forcing prisoners to take responsibility for the harm they’ve caused.
• However, few prisoners have the opportunity to earn money in this way. In general, imprisonment does little to meet the aim of reparation.

Question 11

Does imprisonment meet its punishments aims? - Rehabilitation.

Answer 11

• Involves charging an offender so they no longer offend and instead lead a crime-free life.
• Although rehabilitation is goal of imprisonment, prisoners have poor record of reducing reoffending (48% of prisoners reoffend within a year of their release).
• Short sentences: one reason for this failure. Nearly 1/2 of all sentences are for 6 months or less. Means there’s not enough time to get to grips with long-term problems that caused offending.
• Education and training: even prisoners with longer sentences, opportunities to deal with causes of their offending and prepare them for a crime-free life are often limited.
• Addressing offending behaviour: there’s a shortage of places on courses that address offending behaviour. Many prisoners on indeterminate ‘public protection’ sentences remain in prison due to lack of programmes that could address their violent behaviour.

Question 12

Community sentences.

Answer 12

Are imposed for offences which are too serious for a discharge/fine, but not so serious that a prison sentence is necessary. A Community Order given by the court will have one or more requirements, such as:
- supervision by a probation officer.
- between 40-300 hours unpaid work (Community Payback).
- a curfew or exclusion order.
- a residency requirement.
- a group programme.
- treatment for drug/alcohol addiction, or for mental health problems.

Question 13

Do community sentences meet their punishment aims? - Retribution.

Answer 13

• All community sentences must include element of punishment/retribution e.g. curfews and exclusion orders restrict offenders’ movements to certain times and places. This is a form of retribution, making the offender suffer limits on their freedom.
• Likewise, those doing unpaid work have to wear high visibility vest - the public ‘naming and shaming’ this involves is also a form of retribution.

Question 14

Do community sentences meet their punishment aims? - Reparation.

Answer 14

• Can include doing unpaid work to repair the damage they have caused to a victim’s property.
• Equally, reparation may be to the whole community through unpaid work on Community Payback e.g. removing graffiti.

Question 15

Do community sentences meet their punishment aims? - Public protection.

Answer 15

• All sentences must include public protection as one of their aims because community sentences don’t lock offenders up, they do not achieve the aim of incapacitating offenders.
• However, breaches of a community sentence can lead to the offender being sent to prison.

Question 16

Do community sentences meet their punishment aims? - Rehabilitation.

Answer 16

• Offenders have multiple, complex needs such as homeless, drug misuse, mental health problems, unemployment and educational needs. These needs often underlying causes of their offending.
• Community services aim to rehabilitate offenders by addressing their needs.
• Studies have shown that community sentences are more effective at rehabilitating offenders and preventing recidivism than short prison sentences (main alternative to community sentences).
• However, the use of community sentences has declined. Between 2007 and 2020, the proportion of offenders receiving Community Orders fell from 14% to 7%.

Question 17

Fines.

Answer 17

• Are financial penalties for offending.
• They are normally given for less serious offences and therefore often used by magistrates’ courts, but even with more serious offences, 15% of those found guilty receive a fine.
• The size of a fine depends on the following factors: the offence itself, the circumstances of the crime, the offender’s ability to pay, which court is hearing the case.

Question 18

Do fines meet their punishment aims?

Answer 18

Fines have two main aims:
- Retribution: hitting someone in the pocket can be a good may to make them suffer for the harm they have done.
- Deterrence: a fine may make an offender reluctant to reoffend for fear of further punishment. As the use of fines is a common way of disposing of first offenders, fines may be used as a signal that worse will follow if they reoffend.

Question 19

What happens in an offender fails to pay their fine?

Answer 19

Offenders who fail to pay without good reason may face prison.
- Courts can deduct fines from offender’s benefits or send in bailiffs to seize their property in the event of non-payment.
- However, many fines do not get paid. Many of these are written off as uncollectable. Suggests that fines may not always meet their aims of punishment.

Question 20

Discharges.

Answer 20

When the court finds someone guilty of a minor offence, but decides not to hand down a criminal conviction, they will be given a discharge. Two types:
- conditional discharge: means the offender will not be punished unless they commit another offence within a set period of time determined by the court. If they do so, the court can sentence them for both original and new offence. This will result in a criminal record.
- absolute (unconditional) discharge: means no penalty is imposed. The court may grant an absolute discharge where the defendant is technically guilty, but where punishment would be inappropriate, usually because the defendant is morally blameless. It’s not classed as conviction.
- Thirsk rail crash (1892) - which 10 people died, a signalman was found guilty of manslaughter but given an absolute discharge because of the very unusual circumstances of the case.

Question 21

Do discharges meet their punishment aims?

Answer 21

• Basic aim of discharges is deterrence. They are lowest level of punishment and are in effect a warning as to the individual’s future conduct.
• In general, there’s low rate of re-offending following a discharge, especially if it was for a first offence - for many first offenders, the experience of simply going to court is enough for them to mend their ways.
• In this respect, discharges appear to largely meet their punishment aim.