2.3 assess how forms of punishment meet the aims of punishment Flashcards
imprisonment
what are the three types of prison sentence?
- indeterminate sentence or life sentence
- determinate sentence
- suspended sentence
imprisonment
what is an indeterminate or life sentence?
a life sentence or indeterminate sentence does not have a fixed prison term attatched
imprisonment
what is a determinate sentence?
a determinate sentence is a sentence with a fixed end date
imprisonment
what is a suspended sentence?
a sentence where the offender does not have to go to prison, providing they dont commit further offences and comply with the rules of their sentence
imprisonment
what is a mandatory life sentence?
a life sentence which must be given to anyone convicted for murder
imprisonment
what is a discretionary life sentence?
A discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment (or custody for life) is available but not fixed by law
imprisonment
what is a whole life order?
a whole life order means that an offender will never be released from prison
imprisonment
who is a whole life order generally given to?
individuals who commit the most serious cases of murder
imprisonment
give an example of an idividual who has a whole life order
levi bellfield, stephen port, lucy letby
imprisonment
what is an indeterminate sentence?
a type of custodial sentence that has no fixed release date
imprisonment
why are indeterminate sentences given out?
they are given out for public protection
imprisonment
what impact did the police, crime, sentencing and courts act have on the passing of life sentences?
meant that those who unlawfully kill an emergency worker in their course of duty are given a mandatory life sentence
imprisonment
when were IPPs introduced?
in 2005
imprisonment
what are IPPs?
what does it stand for?
indeterminate sentences for public protetion
imprisonment
IPPs are a type of sentence where offenders are….
kept after their sentence has ended as they are deemed unsafe for release
imprisonment
when were IPPs removed?
2012
imprisonment
what are the problems with IPPs?
- ethical concerns surrounding IPPs as offenders have no release date
- they were typically used for minor crimes like theft, which did not warrant such long sentences
- not effective for rehabilitation as IPPs make offenders lose hope and motivation
- the parole boards delt with IPP cases poorly as hearings were often delayed or deffered
imprisonment
what are the most common type of sentence given by courts?
determinate sentences
imprisonment
in determinate sentences, offenders are given a fixed sentence length, but….
offenders may not necessarily spend all this time in prison
imprisonment
for sentences less than two years, what are the rules regarding release?
the offender will be released half way through their sentence and will spend the rest on licence
imprisonment
what happens if an offender breaches the conditions of their license?
they will return to prison to serve the rest of their sentence and will be subject to supervision afterwards
imprisonment
for sentences more than two years, what are rules regarding release?
the offender will generally serve half their sentence in prison and serve the other half in the community on licence
imprisonment
what are the rules regarding release for those convicted of serious violent or sexual offences where the sentence is 7 years or more?
offenders will usually be released 2/3 of the way through their sentence
imprisonment
what does a suspended sentence mean?
it means that the offender does not go to prison immediately but is given the chance to avoid a custodial sentence if they coomply to the requirements set by the court
imprisonment
what are some examples of conditions a court may set in a suspended sentence?
a curfew, unpaid work or rehabilitation programme/s
imprisonment
what happens if an offender does not meet the requirements of their suspended sentence?
they will serve their origional custodial term and any sentence they get for the new offence
imprisonment
how does prison meet the aim of retribution?
it punishes offenders for their crime by taking away their freedom and making prisoners live in fairly unpleasant conditions
imprisonment
how does prison not meet the aim of retribution?
it may not give people their ‘just desserts’ as individuals disagree over the appropriate lengths of sentences
imprisonment
how does prison meet the aim of reparation?
under the prisoners earning act 2011, prisoners who work outside of prison can pay a portion of their earnings towards the cost of victim support
imprisonment
how does prison not meet the aim of reparation?
very few prisoners have the opportunity to earn money to pay for victim support
imprisonment
how does prison meet the aim of deterrence?
the risk of being sent to prison and the concepts that come with prison act as a deterrent as prisoners are kept in relatively poor conditions
imprisonment
how does prison not meet the aim of deterrence?
fairly high reoffending rates suggest that the deterrence of prison does not work
imprisonment
how does prison meet the aim of public protetion?
offenders are taken out of society so they cant harm the public
offenders are also only approved for parole or released if they are deemed to no longer be a threat to public protection
imprisonment
how does prison not meet the aim of public protection?
if individuals are not rehabilitated by the time they are released, they will still pose a risk to the public
- reoffending rates suggest that individuals are still a threat to public protection when released
imprisonment
how does prison meet the aim of rehabilitation?
prisons have rehabilitation programmes such as drug and alcohol rehabilitation
imprisonment
how does prison not meet the aim of rehabilitation?
prisons have a poor record of reducing reoffending rates due to lack of staff and funding
some prisoners may not wish to be rehabilitated, which will mean rehabilitation in prison is ineffective
community sentences
what are community sentences?
they are sentences served in the community
community sentences
what crimes are community sentences given for?
crimes which are too serious for a discharge or a fine but not so serious that they require a prison sentence
community sentences
what are some of the requirements that an offender may be expected to meet in a community sentence?
- up to 300 hours of unpaid work
- alcohol and drug treatment programmes
- curfew
- electric monitoring
- no travelling abroad
- being forbidden for taking part in certain activities
community sentences
what are the aims of community sentences?
rehabilitation, reparation and retribution
community sentences
how does a community sentence fulfil retribution?
curfews and exclusions restrict offenders freedom
unpaid work includes wearing hi-vis whcih is a form of retribution as it acts as public shaming
community sentences
how do community sentences fulfil rehabilitation?
offenders are enrolled into rehabilitation programmes
studies have shown that community sentences are more effective at rehabilitation than short prison sentences
community sentences
how many offenders reoffend within 12 months of their community sentence compared to short prison sentences?
34% of offenders on community sentences reoffend within 12 months of their community sentence, compared to 64% for those serving a short prison sentence
fines
what are fines given for?
fines are given for less serious offences
fines
what factors influence the size of a fine?
- the offence itself eg if it was the first offence
- the offenders ability to pay - the offenders income
- which court is hearing the case - magistrates can only impose fines of up to £5000
fines
what happens if individuals dont pay their fines?
- bailiffs may be sent to an individuals house
- the court may send a warrant for an indiviuals arrest
- the fine may be increased
fines
how do fines meet the aim of retribution?
offenders are made to pay for the damage and distress they have caused
fines
how do fines meet the aim of deterrence?
nobody wants to pay a fine so it can be a good deterrent
fines
how do fines not meet the aim of deterrence?
fines can be an ineffective deterrent as it may be a small price to pay in comparison to the offence
for those who have large amounts of money, the fine may be insignificant
discharge
what is a conditional discharge?
a court finds you guilty but does not impose a sentence, providing the individual does not reoffend
discharge
what is an absolute discharge?
the court decides not to impose a punishment because the experience of going to court has been punishment enough
discharge
what types of offences are discharges given out for?
minor offences or crimes that dont have a mandatory minimum sentence
discharge
what is the main aim of a discharge?
deterrence
discharge
how do dicharges meet the aim of deterrent?
individuals have to go through the court process even for a low level crime
discharge
how do discharges not meet the aim of deterence?
discharges may give indivduals the impression that they can get away with crimes
