2.3-Meeting Aims of Punishments Flashcards
what are the 5 aims of sentencing in the CJA 2003?
1) the punishment of offenders
2)crime reduction
3)rehabilitation of offenders
4) protection of the public
5)reparation
what are financial penalties?
-fines are financial penalties
-also known as Fixed Penalty Notices in some cases
-usually given for less serious crimes and therefore usually imposed by magistrates courts
what factors affect the size of the fine?
-the offence itself (the law lays down a max fine for a given offence)
-the circumstances of the crime (the sentencing guidlines give a range o oprion depending on whether it was a first offence and how much harm was done)
-the offenders ability to pay (a poorer defendant will probably recieve a smaller fine and/or be able to pay in installments
-which court is hearing the case (magistrates can only impose up to £5000-£10,000 for two or more offences)
what aims of punishment are met by fines?
retribution and deterrence
how do fines meet aims of retribution?
-hitting someone “in the pocket” can be a good way to make them suffer for the harm they’ve done
how do fines meet aims of deterrence?
-a fine may make an offender reluctant to re-offender for fear of further punishment
-the use of fines is a common way of disposing of first offenders as it may be a signal that worse may follow if they re-offend
what happens if an offender fails to pay their fines?
-offenders who fail to pay their fines without good reasons may face prison
-courts can deduct fines from an offenders benefits or send in bailiffs to seize their property
-however, many fines do not get paid (by 2019 the backlog of unpaid fines and court surcharges reached up to £623m)
-many of these are written off as noncollectable. this suggests that fines may not always meet their aims of punishment
describe imprisonment
-prison sentences are handed down by courts for the most serious offences or when the court believes that the public must be protected by the removal of the offender from society
-almost 1/2 of all prisoners in the UK were convicted of sexual/violent offences
what are the three types of prison sentences?
-indeterminate/life sentences
-determinate sentences
-suspended sentences
what is an indeterminate sentence?
- these set a min time the offender must serve in prison
-offenders have no automatic right to be released after the minimum term has been served
-the Parole Board will decide if the offender is suitable to be released on license
what is a life sentence?
-the most serious punishment a UK court can hand down
-the judge sets a minimum time the offender must spend in prison before they can be considered for release by the Parole Board
-the Board assesses whether their release is safe and suitable. if so they are released on license and have to follow specific rules/conditions and be supervised by the probation service.
-offenders remain on license for the rest of their life unless called back in for breaching their conditions
what are the different life sentences?
mandatory/compulsory life sentences-given to offenders found guilty of murder
discretionary life sentences- given for other serious offences like rape.
whole life term-can be given by judges for very serious crimes (will never be released)
what is a determinate sentence?
-a sentence with a fixed length
-most prisoners in the UK serve this sentence
-not all sentences are served in prison:
–>if the sentence is under 12 months the offender will be released halfway through
–>if the sentence is more than 12 months the offender spends the first half in prison and the second in the community on license with conditions
–>sentences less than 2 years are released on post sentence supervision for 12 months with regular meetings with the probation officers and conditions to meet
what is a suspended sentence
-the offender is given a prison sentence but doesn’t go directly to prison
-offenders may receive a suspended sentence if they would otherwise be given a prison sentence of less than 12 months
-sentences can be suspended for p to 2 years
-the court may impose requirements such as probation/drug addiction treatment which offenders must meet an not commit any other crimes during this suspension period.
-if requirements not met/crime committed the offender will be sent to serve their original sentence
what are the aims of imprisonment?
retributions
public deterrence
public protections
reparations
rehabilitation
does imprisonment meet their aims of retribution?
-punishes people by taking away their freedom and often imposes unpleasant living conditions on them
-its difficult to say whether imprisonment gives offenders what they deserve (proportionality)
does imprisonment meet their aims of public protection?
-provides protection to the public in several ways:
–>whole life sentences keep offenders off the streets permanently
–>prisoners serving indeterminate sentences can be kept in jail for as long as they are deemed a danger
–>there has been a trend towards longer sentences so the public will remain protected for longer
–>most prisoners are released on licence and under supervision (can be recalled back into prison)
-prison can be a ‘school’ for crime where prisoners can acquire skills/attitudes/contacts leading to further crime after release. this means that public protection is only temporary
-keeping people in prison is costly and funds can be spend on better public protection
does imprisonment meet their aims of deterrence?
-high re-offending rates from ex-prisoners suggest that prison is not an effective deterrent for many
-nearly half of adult prisoners are reconvicted within a year of release
-deterrence only works if offenders are capable of thinking or acting rationally (but many offences are committed by offenders when under the influence/poorly educated/have mental health issues)
does imprisonment meet their aims of rehabilitation?
-prisons typically have a poor record for rehab:
–>48% re-offend within a year
–>64% who serve under 12 months re-offend within a year
–>6789 were recalled to prison for breaching their conditions (2019)
does imprisonment meet their aims of reparation?
-under the Prisoners’ Earning Act 2011, prisoners who are permitted to work outside of prison to prepare for their release can be made to pay a proportion of the earnings to victim support services (forcing prisoners to take responsibility)
-however, few prisoners have the opportunity to save money like that
what are the main reasons that rehabilitation aims are not met with imprisonment?
short sentences:
-nearly half of all sentences 6 months or less
-not enough time to deal with issues causing crime (mental health/addiction)
-less effective than community sentences at preventing re-offending
education and training:
-even for prisoners with longer sentences there are few opportunities to deal with the causes of offending and prepare them for a crime free life.
-only 1/4 of prisoners have a job to go to on release (due to the lack of education and training)
-opportunities for education/vocational/meaningful work are limited (Release on Temporary License can allow prisoners to leave prison for a day to attend work/trianing but fewer than 400 a month get this opportunity)
-there is a shortage of places on courses that address offending behaviour (anger management programmes)
what are community services?
-sentences where the defendant serves it in the community
-usually given if the offence is too serious for a discharge/fine but not enough where prison is needed
-usually have requirements which must be met (unpaid community work/dug testing/curfews/programmes)
what are the aims of community sentences?
retribution
reparation
rehabilitation
public protection
do community sentences meet their aims of retribution?
-all community sentences must include an element o punishment or retribution (curfews-restrict the movement of offenders)
-this form of retribution makes the offender suffer by limiting their freedom
-those doing unpaid work have to wear high visibility vests with ‘Community Payback’ written on the back (public naming and shaming involves a form of retribution as it is embarrassing)
