2.3- forms of punishment meeting aims of punishment Flashcards

1
Q

how does imprisonment achieve retribution

A

-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

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2
Q

how does imprisonment fail to achieve retribution

A

-disproportionate sentence: unduly harsh and lenient
-early release: undermines the concept of retribution as punishment is insufficient and hasnt been served

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3
Q

how does imprisonment achieve rehabilitation

A

-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%

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4
Q

how does imprisonment fail to achieve rehabilitation

A

-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

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5
Q

how does imprisonment achieve deterrence

A

-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

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6
Q

how does imprisonment fail to achieve deterrence

A

-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

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7
Q

how does imprisonment achieve public protection

A

-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

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8
Q

how does imprisonment fail to achieve public protection

A

-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

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9
Q

how does imprisonment achieve reparation

A

-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

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10
Q

how does imprisonment fail to achieve public protection

A

-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

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11
Q

how does imprisonment achieve denunciation

A

public visability: high profile prison sentences reinforce public awareness, such as Lucy Letby recieving 15 whole life orders

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12
Q

how does imprisonment fail to achieve denunciation

A

inconsisteny in sentencing: unequal sentencing undermines the criminal justice system, such as Lavinia Woodward

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13
Q

how does community sentences achieve retribution

A

-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

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14
Q

how does community sentences fail to achieve retribution

A

-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

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15
Q

how does community sentences achieve rehabilitation

A

-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”

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16
Q

how does community sentences fail to achieve rehabilitation

A

-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

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17
Q

how does community sentences achieve deterrence

A

-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

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18
Q

how does community sentences fail to achieve deterrence

A

-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

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19
Q

how does community sentences achieve public protection

A

-supervision and monitoring: probation officers do regular check ins to ensure compliance
-incapacitation: conditions like curfews restict the offenders movements

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20
Q

how does community sentences fail to achieve public protection

A

-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

21
Q

how does community sentences achieve reparation

A

-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

22
Q

how does community sentences fail to achieve reparation

A

-incomplete setencing: due to understaffing, from january to march 2021 only 41.8% of unpaid work was completed

23
Q

how does community sentences achieve denunciation

A

-public visability: visible consequences serve as tangible expressions of disapprovak

24
Q

how does community sentences fail to achieve denunciation

A

–incomplete setencing: due to understaffing, from january to march 2021 only 41.8% of unpaid work was completed

25
how does financial penalties achieve retribution
-proportionate sentences: can be tailored based on the severity of offence, making it a just dessert -economic loss: direct impact on the offenders economic wellbeing, this is punitive as offender pays for their wrongdoing
26
how does financial penalties fail achieve retribution
-written off fiens: as of dec 2024, £4.4 billion worth in court fines have remained unpaid/ outstanding -unequal impact: as wealthy offenders will not feel punitive impact, for example during lockdown Rita Ora recieved a £10,000 fine for a party which was the same given to a student
27
how does financial penalties achieve rehabilitation
IT DOESNT
28
how does financial penalties fail to achieve rehabilitation
-lack of rehabilitation: fines have no intention to reform the offender and adress the underlying causes
29
how does financial penalties achieve deterrence
-rational choice theory: increases the perceived costs of crime making it less attractive -escalating consequences: failure to pay leads to stricter consequences -reoffending rates: fieldman, 1993 found it was more effective for first time offenders than community service or imprisonment
30
how does financial penalties fail to achieve deterrence
-reoffending rates: in 2017 it was found that for a speeding fine offenders were less likely to offend by attending a speeding awareness course -low impact on companies: fines may be seen as an operating cost making it cheaper than finding alternatives, like Thames water being fined £20 million in 2017 for releasing billions of litres of untreated sewage
31
how does financial penalties achieve public protection
-fines lead to protection: fear discourages crime, which directly protects the public from harm -in 2020 the ministry of justice found that reoffending rate was only 21.2%
32
how does financial penalties fail to achieve public protection
-lack of incapacitation: offenders live without any restrictions meaning they are capable to reoffend -failure to adress root causes: overlooks underlying factors, meaning a drug addict will continue to act on their addiction
33
how does financial penalties achieve reparation
-criminal compensation orders(CCO's): requires the offender to compensate the victim, where they can restore their loses -funding community programmes: money from fines is reinvested into community and CJS, like in devon speeding fines paying for bikeability programmes
34
how does financial penalties fail to achieve reparation
-unpaid fines: only 50% of compensation orders are paid within 18 months, where victims have been waiting more than 10 years -inadequate compensation : fines dont fully cover losses, like the BP oil spill in 2010 they were only fined $20.8 billion which was only about 30% of the clean up cost
35
how does financial penalties achieve denunciation
-declaration of wrongdoing: fines signal offical disapproval which achieves boundry maintenance
36
how does financial penalties fail to achieve denunciation
-unpaid fines: in 2014, £250 million of compensation was written off, and as of dec 2024 there is £4.4 billion in unpaid financial penalites
37
how does discharges achieve retribution
-proportionate sentence: ensures even minor crimes recieve some form of response, such as just going to court is seen as shameful
38
how does discharges fail to achieve retribution
-non punitive sentence: for absolute dischage there is no penalty imposed, therefore there is no form of revenge
39
how does discharges achieve rehabilitation
-conditional discharge: has attached conditions like couselling which adress the underlying causes, in 2019 there was 38,000 conditional compared to 4,000 absolutes
40
how does discharges fail to achieve rehabilitation
-absolute discharge: no intenton to reform the offender -Hilary Alfatt was found guilty of assaulting a women multiple times in 2023 where she lived in permanent fear however he was given an absolute due to having advanced dementia
41
how does discharges achieve deterrence
-conditional discharge: threat of harsher sentence by reoffending which acts as an individual deterrent -recidivism rates: in 2020 only 26.5 of offenders reoffend
42
how does discharges fail to achieve deterrence
-avoidance of punishment: considerd to lenient and as a soft punishment making it lack of sense of deterrent
43
how does discharges achieve public protection
-discharge leads to protection: threat of receiving alternative discourages offending, which protects the public
44
how does discharges fail to achieve public protection
-no incapacitation: offenders face no restrictions to their liberties meaning they are free to commit further crime
45
how does discharges achieve reparation
-conditional discharge: being combined with an order of payment like compensation provides reparation to society -court fee: those given discharge are still expected to the court fee of a set £150
46
how does discharges fail to achieve reparation
-absolute discharge: no penalty is imposed meaning they are morally blameless and have no ammends to make -in 2014 Frederick Glenister was given a conditional discharge and a £200 fine
47
how does discharges achieve denunciation
-prosecution process: going to court reinforces societies disapproval of crime and offender may find it embarressing to go -Louise Haigh was given a conditional discharge for pleading guilty to a false report of a stolen phone as a "genuine mistake"
48
how does discharges fail to achieve denunciation
-avoidance of punishment: absolute discahrge fails to reinforce moral boundries as offender recieves no true consequences