2.3 Assess How Forms Of Punishment Meet The Aims

Question 1

What is a discharge?

Answer 1

-Are generally conditional but can be absolute

Question 2

What is imprisonment?

Answer 2

-Generally fixed term but can be suspended or for life

Question 3

What are fines?

Answer 3

-Depends on financial circumstances of the offender

Question 4

Community service

Answer 4

-can be a combination order such as unpaid work curfew or supervision

Question 5

Concurrent sentence definition

Answer 5

-Serve 2 or more sentences at the same time eg if a 6mth sentence and a 3 month then will only serve 6 months

Question 6

Consecutive sentence definition

Answer 6

-Serve one after the other, 6mth and 3 months will serve 9 months

Question 7

Life sentence

Answer 7

-Murder must be given life sentence
-court can give it for other serious like rape and armed robbery
-last for rest of life
-if ever released spend rest of time on licence in community
-if break conditions then can be sent back to prison
-whole life means they will never get out

Question 8

Indeterminate sentence

Answer 8

-No fixed length of time
-no date set for release
-have to spend min amount of time in called a tariff
-Parole board responsible for when released
-given if thought to be danger (life sentence)
-Introduced by the Criminal Justice act 2003
-Indeterminate sentence of Imprisonment for Public protection (IPP) sentences courts could introduce between 2005 and 2012

Question 9

Determinate/fixed length sentence

Answer 9

-fixed length of time, includes a period of time in prison and a period of time in the community on licence
-if break conditions or commit another crime then back to prison

Question 10

Suspended sentence

Answer 10

Served in a community rather than prison. May have certain conditions like staying away from place or doing unpaid work (community payback).
-if break conditions then can be sent back to prison

Question 11

Does prison meet the aim of retribution?

Answer 11

-May meet it for society but may not for the individual or the victim as they may think that rehabilitation may be better than a sentence (if have big heart)
-In some cases meets aims eg life sentence for murder
-some cases foes eg 6 months for sexual assault, doesn’t meet aims
-prison punishes by taking away freedom - unpleasant so does meet aim but not just deserts, can’t pin point length sentence
-disagree on sentences, 2006 robbery: 16 mth Finland, 72 aus and 15 eng

Question 12

Does prison meet rehab

Answer 12

-not enough staff or funding or training prog. Shorter sentences - don’t spend enough time
-Recidivism 46% returning in year. Inc to 59% is less than 12
-Jon venables, jailed twice since for possession child abuse images
-inc in number recalled to custody by 1000
-Anyone with sentence less than 2 released on license so bail and supervision, allow for rehab

Question 13

Does prison meet deterrence?

Answer 13

-Deter some not others
-suspended sentence, up to 2 years, go to prison if reoffend. Prevent further offending
-high reoffending shows risk of being sent to prison not enough. 46% within a year. Don’t think going to be caught. RCT. Don’t care abt long sentences

Question 14

Does prison meet public protection

Answer 14

-Long sentences - yes. Mandatory min life sentence for murder, 3 yrs for 3rd burglary, 7 years 3rd class A drug. Crime sentences act 1997
-takes offenders off streets, can’t physically commit more crimes but can orchestrate w mobile phone
-IPP’s (indeterminate sentences) and whole lie protect. 3 strikes.
-may be released more dangerous

Question 15

Does prison meet reparation?

Answer 15

-Prisoners earning act 2011, work outside can be made to pay some of earnings to cost of victim services, not everyone has this opportunity
-CPS tries to enusure confiscates proceeds of crime

Question 16

Do community sentences meet aim of retribution

Answer 16

-Restrict movements and activities offer retribution - in paid work with hi vis, public shaming
-curfews and exclusions restrict freedom

Question 17

Do community sentences meet rehabilitation?

Answer 17

-combination to meet needs eg unpaid work and treatment programmes and curfew
-effective for those w mental health
-treatment for addiction reduce offending, 33% reduction in offences 2yrs after treatment
-more effective than short prison, 34% community reoffend but 64% for prison
-Federoff 15% reduction in crime when hormonal drugs to reduce violence, 68% not on drug
-Ireland - AMP 90% effective
-2013 3/4 those sent to prison already had a community sentence
-useful for those with prev conviction as tackle underlying issues
-use halved

Question 18

Do community sentences meet the aim of deterrence?

Answer 18

-2013 3/4 those in prison had one community sentence, not a deterrent
-not in prison so may not deter from risking trying again
-should act as deterrent if stringent enough

Question 19

Do community sentences meet the aim of public protection?

Answer 19

-No, don’t lock away, conditions could include not going to certain places, tags and curfews, restricts movement
-no tag can go anywhere and commit crime

Question 20

Do community sentences meet the aim of reparation?

Answer 20

-Unpaid work to repair damage caused, could be work for community like removing graffiti
-fix damage caused

Question 21

Do fines meet the aim of retribution?

Answer 21

-Common punishment for minor offences, made to pay financial for wrong doing
-limits on amount have to pay
-fianancial punishment
-escalate if not paid
- 61% written off
-can’t spend on luxuries, affects working class
-richer not rlly affected
-money good way to suffer

Question 22

Do fines meet the aim of rehab?

Answer 22

-For speeding sometimes get awareness course rather than fine, help to change beh
-no help to change beh w fine

Question 23

Do community sentences meet the aim of deterrence?

Answer 23

-Deters as people can’t afford another fine/ don’t want
-Doesn’t prevent from committing crime as still have car
-rich fines don’t matter
-main purpose but not often collected
-often for 1st offence
-not effective, threat of prison for not paying not an impact

Question 24

Do fines meet the aim of public protection?

Answer 24

-no, could act as deterrent so stop committing which protects public but no physical protection

Question 25

Do fines meet the aim of reparation

Answer 25

-Not really, money could go to person who is hurt

Question 26

Do discharges meet the aim of retribution?

Answer 26

-Get away with it, no punishment
+may be punishment enough going through court
-conditional discharges only in effect if commit another crime
-Thirsk Rail crash. Awake 36hrs, child died. Said couldn’t work, no one to cover. Fallen asleep and forgotten good train on track, allowed another through, 9 passengers and guard killed. Guilty but absolute discharge due to circumstances, contrib neg by person who knew

Question 27

Do discharges meet the aim of rehabilitation?

Answer 27

-No
-wouldn’t work for those who don’t respect system

Question 28

Do discharges meet the aim of deterrence?

Answer 28

+court stress so don’t want to go through again
-if reoffending occurs then more severe punishment - may deter
-absolute rare but no penalty
-primary aim warning to indiv about beh. Conditional discharges, indiv deterrence
-low rate of reoffending if discharged for first offence

Question 29

Do discharges meet the aim of public protection?

Answer 29

-No back home so could do again

Question 30

Do discharges meet the aim of reparation?

Answer 30

-Don’t have to pay towards victim or damage
-may be required to pay court fees

Question 31

Strengths of imprisonment

Answer 31

+ long sentences achieve aim of protecting society
+ anyone w less than 2 years released on licence, bail and supervision. Rehabilitation

Question 32

Weaknesses of imprisonment

Answer 32

• Increase of ppl recalled - 1000
  -Don’t rehabilitate
  -lack of custody officers
  -46% reoffend

Question 33

Strengths of community sentences

Answer 33

+ combines punishment and reparation. Punished by working unpaid, paying back to community
+ nearly 9% more effecting reducing 1 year reoffending rates than imprisonment

Question 34

Weaknesses of community sentences

Answer 34

-2013 3/4 those in prison had a community sentence
-don’t meet aim of rehab fully and don’t act as deterrent

Question 35

Strengths of fines

Answer 35

+ deterrence and punishment. Financial punishment through paying fine, don’t want to have to pay again
+ escalated if not paid, prison time

Question 36

Weaknesses of fines

Answer 36

-Written off 61%, no realistic chance of collection
-not effective to achieve retribution or deterrence, threat of prison not effective

Question 37

Strengths of discharges

Answer 37

+ conditional or absolute, used frequently for minor, stop reoffending and deterrence by cavate that if reoffend then more severe
+absolute rare but lowest level, court process enough deterrence

Question 38

Weakness of discharges

Answer 38

-Don’t work for those who don’t respect system