2.3- forms of punishment meeting aims of punishment Flashcards
how does imprisonment achieve retribution
-loss of individual liberties and freedoms: restricted movement and of daily activities, as you lose control
-suffering and hardship: prison life is tough, as there is a loss of privacy
how does imprisonment fail to achieve retribution
-disproportionate sentence: unduly harsh and lenient
-early release: undermines the concept of retribution as punishment is insufficient and hasnt been served
how does imprisonment achieve rehabilitation
-education and training programmes: improves employability such as “learning together”
-wellbeing programmes: adresses the root issue to cirme like trauma
-clink charity reduced reoffending by 49.6%
how does imprisonment fail to achieve rehabilitation
-low quality education: only 9/32 of institutions were reported by ofsted as good/outstanding in 2020
-university of crime: immates teach each other criminal skills
-recidivism rates: 42% of offenders reoffend within the first year of release
how does imprisonment achieve deterrence
-fear of punishment: the harsh conditions of prison and loss of freedom deters individuals from committing crime
-recidivism rates: 58% of offenders dont reoffend within the first year of release
how does imprisonment fail to achieve deterrence
-prison population: over the last 30 years it has increased by 80% showing a lack of general deterrent
-recidivism rates: average reoffending for short term offences is 63%, showing a lack of individual deterrent
how does imprisonment achieve public protection
-incapacitation: dangerous offenders are confined which prevent harm to public, such as prison population rising by 80% in last 30 years
-whole life tariffs: 71 people are currently serving whole life tariffs such as lucy letby
-cimling et al(1994) found that for every offender being put in prison 3.5 crimes are reduced a year
how does imprisonment fail to achieve public protection
-short term protection: average custodial sentence was 20.9 months in 2023, showing only a temporary solution
-average “life” sentence: the mandatory life sentence of murderers is only 16.5 years
how does imprisonment achieve reparation
-prisons earnings act 2011: prisoners made to pay a proportion of their earnings to victims support services thereby repaying some of their debt to society
how does imprisonment fail to achieve public protection
-unduly lenient sentences: early release schemes, such as Stuart Hall was sentenced to 5 years for pleading guilty to indecently exposing twice to a teenage girl however he only served half this sentence
how does imprisonment achieve denunciation
public visability: high profile prison sentences reinforce public awareness, such as Lucy Letby recieving 15 whole life orders
how does imprisonment fail to achieve denunciation
inconsisteny in sentencing: unequal sentencing undermines the criminal justice system, such as Lavinia Woodward
how does community sentences achieve retribution
-loss of individual freedoms and liberties: restrictions such as curfews and electronic monitoring
-proportionate sentencing: communinty orders can range from 40-300 hours
-just desert: by wearing hi vis you are more visable leading to shaming
how does community sentences fail to achieve retribution
-soft option: by being perceived as too lenient may noy satisfy the revenge aspect, such as 3 offenders on social media posted a picture of them having cans of lager during community service in west yorkshire
how does community sentences achieve rehabilitation
-behaviour modification: through intervention ongoing issues are adressed like substance abuse
-community payback: helps offenders develop responsibility and increase their sense of worth, such as Wayne Rooney described it as “refreshing and relaxing”
how does community sentences fail to achieve rehabilitation
-limited resources: due to a lack of funding communites may lack mental health facilites and support systems, between 2016-20 addiction services recieved budget cuts of £100 million
-recidivism rates: reoffending is 56% within the first year
-in 2022, 30% of community services were terminated due to non compliance
how does community sentences achieve deterrence
-public visability: acts as a general deterrent as shows the tangible consequences
-increasing consequences: acts as an individual deterrent as failure to engage/non compliance leads to further punishment
how does community sentences fail to achieve deterrence
-soft option: leads to revolving door theory where it leads to an eventual custodial sentence
-recidivism rates: evident as 75% of the prison population have had at least one previous community sentence
-in 2023, the UK police caught over 6,000 banned drivers
how does community sentences achieve public protection
-supervision and monitoring: probation officers do regular check ins to ensure compliance
-incapacitation: conditions like curfews restict the offenders movements
how does community sentences fail to achieve public protection
-limited resources: a lack of funding weakens/ comprimises support and supervision, which impacts the effectiveness
-recidivism rates: 75% of prisoners have recieved community service, and 30% of community sentences being terminated
how does community sentences achieve reparation
-community payback: offenders are required to perform 40-300 hours of unpaid work
-restorative justice: some sentences involve the facilitated dialogue between the the victim and offender to encourage accountability
how does community sentences fail to achieve reparation
-incomplete setencing: due to understaffing, from january to march 2021 only 41.8% of unpaid work was completed
how does community sentences achieve denunciation
-public visability: visible consequences serve as tangible expressions of disapprovak
how does community sentences fail to achieve denunciation
–incomplete setencing: due to understaffing, from january to march 2021 only 41.8% of unpaid work was completed