2.3 unit 4 Flashcards
what are some types of custodial sentences?
suspended- served in the community instead of prison
determinate- set date of release
indeterminate- no set date of release
life- last rest of life, if released it is on licences
whole life- no rleease
consecutive- back to back sentences
concurrent- served at the same time
fixed term- served half then released
what is the maximum tariff of imprisonment a magistrates court can give?
6 months for one offence
12 months for 2 offences
does imprisonment meet the aim of retribution?
yes- offenders have a loss of rights and freedom and are in unpleasant living conditions
no- sometime length can not be proportionate to the offence, very subjective on what offenders deserve, get food and sometimes education so isn’t bad
does imprisonment meet the aim of incapacitation?
yes- keeps society safe by removing dangerous people, sentences such as indeterminate and life show this as well as being released on liscence
no- only temporary may come out of prison learning more crime tricks/ have more links
does imprisonment meet the aim of deterence?
yes- general deterrence as most of the UK population isn’t in prison. suspended sentences/ licence mean people avoid going to prison by not committing crime
no-almost half end up back in prison after release
does imprisonment meet the aim of reparation?
yes- prisoners who are permitted to work before release can give earnings back to victims/ victim support charities and take responsibility
no- this is really rare opportunity for prisoners
does imprisonment meet the aim of rehabilitation?
yes- it is a goal of imprisonment
no- opportunities for rehabilitation are poor, especially for those with short sentences. education training are limited and only 0.5% work on release
does imprisonment meet the aim of denunciation?
yes- sending someone to prison makes an example out of someone and shows we disapprove of that behaviour
strengths and limitations of custodial sentences?
individual differences not everyone reacts in the same way eg james bulger case
costly- £50,000 for each prisoner per year
what are some types of community sentences/
adults- range of 13 requirements such as unpaid work, curfew, drug treatment, anger management
young offenders- 17 requirements, similar to adults but have additional things such as educational requirements, drug tests, mental health
does community sentences meet the aim of retribution?
no- can be seen as a soft punishment as they arent actually locked away
yes- does limit freedom so can be seen as effecitve
does community sentences meet the aim of incapacitation?
no- doesn’t lock away offenders, however if sentence is breached they get sent into prison
yes- movement orders eg prohibiting offenders from certain areas, curfew
does community sentences meet the aim of deterrence?
yes- can work as no one wants a curfew or movement restrictions.
no- some do re offend after doing community sentences
does community sentences meet the aim of reparation?
yes- unpaid work eg litter picking can help repair the damage caused to victim or giving back to the community, may be remorseful eg in restorative justice
no- isn’t emotional, may just do it because they have to
does community sentences meet the aim of rehabilitation?
yes- can try and change behaviour by drug treatments and education orders. 8.3% more effective than prison sentences at changing behaviour
does community sentences meet the aim of denunciation?
yes- unpaid work can publicly shame offenders for example having to wear a hi-vis, can make an example out of an offender as they will be viewed by the public
what courts can issue fines?
both the crown court and magistrates
magistrates up to £10,000
crown court- unlimited
do fines meet the aim of retribution?
can be a good way of making an offender suffer as most people regard money as super important
do fines meet the aim of deterence?
individual- no one wants to hand over hard earned money, is proportionate to the circumstances of the offender goes up with income. works with 1st time offenders. fear of financial complications
not many people know that fines are punishment for certain offences
do fines meet the aim of reparation?
can provide compensation to victim if crime was damage to property, shoplifting
do fines meet the aim of denunciation?
can be used to make an example out of people.
for example ant from ant and Dec had a large fine for drink driving showing that this behaviour isn’t okay
what is a discharge sentence?
dismissal from courts basically a telling off usually for 1st time offenders or when offence is out of character/ young offenders
what is a absolute discharge?
no penalty is imposed an offender is free to go
what is a conditional discharge?
you can go based on conditions that you don’t re offend in a set time period, if you do you face punishment
do discharges meet the aim of retribution?
not harsh enough as they have no repercussions
can still be an intimidating experience so can be a punishment
do discharges meet the aim of deterence?
does deter people due to it being an unpleasant experience, and if conditional don’t want to re offend due to punishments
general public- not
do discharges meet the aim of rehabilitation, incapacitation, reparation, denunciation?
no
