AC 2.3 Flashcards
imprisonment examples
1 - mandatory life sentences: incarceration for public protection, available for murder if over 18 years. full term to 15 years.
2 - home detention curfew: early release from prison on curfew.
3 - fixed/ determinate sentences: automatic release after half of sentence is served.
4 - indeterminate/ unsuspected: dangerous offenders for public protection, minimum tariff and parole not guaranteed.
retribution - prison
p - freedom is taken away and conditions can sometimes be unpleasant.
c - difficult to decide how to make the length of the sentence proportional to crime.
deterrence - prison
p - threat of prison is said to put people of commiting crime.
c - 48% of prisoners reoffend within a year of release and this rises to 64% in short sentences.
c - many prisoners are recalled for breaching licence conditions ( 6789 in 2019)
p - prisoners release are often supervised for period of time.
public protection - prison
p - longer sentences have been used more often in recent yrs.
p - cannot harm the public
p - whole life sentences permanently keep offenders of street.
reparation - prison
c - prison sentences are costly
c - very few prisoners earn money outside of prison during sentence
p - under prisons earning act 2011, prisoners who are permitted to work outside of prison during sentence have to pay part to victim support.
Rehabilitation - prison
c - high reoffending rates of ex offenders
c - can still cause harm to prison staff and inmates
c - general rehab shortages in prison
c - prison been referred to as school of crime and offenders acquire more skills they can use to re offend.
community sentences - example
- may get a community sentence if convicted of a crime but not sent to prison.
- may have to do unpaid work
get community sentence if: damaged property, benefit fraud, assault
13 requirements: doing up to 300 hours unpaid work
2 -being obliged to live a certain address
3 - taking part in programme to help change offending behaviour.
4 - sticking to curfew - in 2019, 87,000 offenders were sentenced to a community sentence.
retribution - community sentence
p - public naming and shaming by wearing vests, counter might not embarrass them, not that bad.
c - breaches lead to prison, counter some people still reoffend.
p - curfews and exclusions, make them suffer by limiting freedom, counter not fully limited.
reparation - community sentence
300 hours and unpaid work
p - work may be to repair damage to victim or community
c - community rather then direct victim
public protection - community sentence
c - offender are not locked away as part of their punishment, no public protection
rehabilitation - community sentence
p - community sentences aim to address cause of offending e.g. addiction/ homelessness, counter addicts more likely to relapse
p - recidivism rates are lower following community sentences then short prison stays.
c - people still reoffend
fines
ant mcpartlin - drink driving, £86,000 fine, 20 month ban
- fines are most common type of sentence given by courts, given for lower levels of crime.
- in 2019, 78% of all offenders received a fine, a total of 927,000 offenders. taken from MOJ
- maximum fine allowed in magistrates and crown court is unlimited ( maximum before march 2015 is 5,000)
retribution - fines
c - rich wont effect you
c - not that serious, freedom isnt taken away
- punishing someone financially can often make a big impact, make them suffer for harm they caused.
deterrence - fine
- before: threat of money. will put you of
- often effective with first offenders as they give them taste of justice.
- threat of fine may deter someone from committing the offence,
discharge
discharges are given for the least serious offences such as minor theft.
- discharge means the person that the person is released from court without any further action , still get criminal record.
- conditional charge: means that, if the offender commits another crime, they can be sentenced for first offence and the new one.
- in 2019, 42,000 offenders were given a discharge, representing 4% of offenders sentenced.