AC 2.2 Assess the Aims of Punishment Flashcards
Assess How Fines Meet Incapacitation.
+ Those who fail to pay their fines can be imprisoned and lose their property
- People are able to pay and therefore do not go to prison (disadvantages those worse off)
Assess How Fines Meet Rehabilitation
+ People lose a lump sum of money, and then don’t want to lose it again
- Those who easily pay off fines may not necessarily be as affected by losing money
Assess How Fines Meet Reparation
+ Money going into the system and can pay for damages and compensation
- By 2016 there was a backlog of unpaid fines and court surcharges that had reached £747 million. Many of these are written off as noncollectable
Assess How Fines Meet Retribution
+ Directly harms the pockets of the perpetrators, revenge against their bank account
- If under 16, parents have to pay
Assess How Fines Meet Deterrence
- Can make a defendant reluctant to re-offend for further punishment - signal that worse will follow if they re-offend
+ Those who can afford the fines are less likely to be affected
Assess How Community Orders Meet Incapacitation
+ Offenders are supervised so they don’t have full freedom
- Offenders are still within the community and if they aren’t afraid to breach their licence and face consequence, they can cause harm
Assess How Community Orders Meet Rehabilitation
+ Offenders are likely to attend rehab programmes to get support for their issues, aiming to reform them
- The effect of COs may not be substantial enough for some offenders, evident by the 30% recidivism rates
Assess How Community Orders Meet Reparation
+ All community sentences must have some element of Reparation, paying the community back for the harm done
- Not all crimes can be repaired and victims may feel like they have not received justice
Assess How Community Orders Meet Retribution
+ Offenders wear high vis jackets which make them stick out to the public, humiliating them
- Some people in society may believe that COs are too lenient and do not compare to incapacitation
Assess How Community Orders Meet Deterrence
+ Can discourage re-offending through restrictions and supervision
- Some offenders may see COs as a lenient punishment so deterrence may not have as big of an affect
Assess How Discharges Meet Incapacitation
- It doesn’t, offenders are let out of prison/ don’t go to prison
+ Conditional discharges mean that offenders who breach their conditions will go to prison
Assess How Discharges Meet Rehabilitation
+ Avoids criminal records for minor offences, allowing offenders to reform without unnecessary punishment
- No formal intervention means offenders may not receive support to change behaviour
Assess How Discharges Meet Reparation
+ Can be used alongside restorative justice, encouraging voluntary Reparation by the offender
- Offenders are not required to make amends for their actions
Assess How Discharges Meet Retribution
+ Recognises minor wrongdoings while acknowledging that formal punishment is unnecessary
- May be seen as too lenient, failing to deliver consequences for the crime
Assess How Discharges Meet Deterrence
+ Re-offending on a conditional discharge takes into account the original offence and the new offence for sentencing
- Works more for those who have something to lose according to Hirschi
Assess How Prison Meets Incapacitation
+ Physically removes dangerous offenders from society, preventing further harm
- Overcrowding in prisons reduces effectiveness, leading to early releases and concerns about public safety
Assess How Prison Meets Rehabilitation
+ Some prisons offer education and drug treatment programmes (e.g. HMP Grendon focuses on therapy for offenders with psychological issues)
- High re-offending rates suggest prison fails to reform criminals (60% recidivism rates in adults)
Assess How Prison Meets Reparation
+ Prisoners can take part in programmes, such as making goods for charities or community projects
- Limited opportunities area bailable due to a lack of resources to give back to victims or communities whilst incarcerated
Assess How Prison Meets Retribution
+ Serious offenders receive long sentences, satisfying the public demand for justice (e.g. whole life tariffs for serial murder under the CJA 2003)
- Some sentences are seen as too lenient, leading to public backslash
