2.3- How forms of punishment meet the aims of punishment Flashcards
Name the 4 forms of punishment/different types of sentencing
- imprisonment
- community sentence
- fines
- discharges
What are the differnt types of prison sentences
- life sentence- most serious, remain in prison for set time, parole determine in to release them on licence, (some mandatory, some never released, indeterminate- released when no longer threat/risk to public
- determinate sentence- fixed length, may not spend whole time in prison (community sentence)
- suspended sentence- only go to prison if fail to meet requirements (failing to attend drug test)
How does imprisonment meets its aims through retribution and deterrence
Retribution- removes freedom, unpleasant convictions, but impossible to determine if sentence is strict enough
Deterrence- avoid temptation of crime due to fear of prison, but recidivism rates not low enough
How does imprisonment meet its aims through public protection
Removes criminal from society, keep people safe, when released on licence their supervised by parole officer
However prisons have pro crime attitudes, can be negative influence on each other e.g. new behaviour learnt
How does imprisonment meet its aims through reparation and rehabilitation
Reparation- held accountable, opportunity to express remorse, prisoner earning act- financial contributions to v, but don’t always work
Rehab- ethical/moral approach but isn’t affective at reducing recidivism rates, short sentences not enough time for rehab, education limited due to costs/availability
Explain community sentences
Used when prison isn’t suitable punishment
Community order- conditions must be met:
- probation officer assigned to supervise
- community payback- unpaid
- curfew
- mandatory attendance to group programme
How does community sentences meet its aims through retribution and reparation
Retribution- restrictions on freedom, community work unpaid, hi-vis vests to stand out, make them known as an offender
Reparations- payback to community, unpaid, amend damage
How does community sentences meet its aims through public protection and rehabilitation
Public protection- must include ways to protect public as offenders not out of society e.g. supervision, failing to comply to rules=imprisonment
Rehab- address needs of offender (hostels, addiction support), reduces recidivism rates more than custodial sentence (34% reoffend a year for custodial but 64% for prison), however its not used as much (8% offenders given community sentence)
Explain discharges
- instead of criminal conviction (custodial sentence)
- e.g. 1st time offence may be issued with discharge depending on nature
What are the 2 types of discharge
- conditional discharge
- absolute discharge
Explain conditional discharge
Not punished unless commit future offence in a period of time set by the courts, if offence committed courts may decide to punish both crimes or just the last one
Explain absolute (unconditional) discharge
No penalty issued, occur when court decide a punishment isn’t appropriate (the d is deemed blameless or too ill for prison)
How does discharges meet its aims through deterrence
Deters crime
However are lowest level of punishment
Is a warning of future behaviour
Effective- Not often followed by reoffending (experience of court can be distressing enough for some therfore deters them from breaking law again)
Explain fines
- financial penalties for offenders
- for less serious crimes
- serious crime- punished through custodial sentence on top of a fine
What factors does the severity of a fine depend on
- offence committed
- circumstance of crime (1st offence or not)
- offenders ability to pay (instalments or not)
