AC 2.3 Flashcards
How does ‘Imprisonment’ meet punishment aims
- Retribution
Punishes people for their crimes by taking away their freedom. It is also proportionate with the prison sentence length matching the severity of the crime achieving ‘just deserts’
*Public Protection
Prison sentences achieve public protection by taking offenders out of regular society and instead into jail where they can no longer harm the public, for instance Life sentences and Whole life tariff’s.
How does ‘Imprisonment’ NOT meet punishment aims
- Deterrence
Not an adequate individual deterrence with almost half of all adult offenders reoffending within a year off their release. Does not consider that many offenders act impulsively not thinking about the risks
*Reparation
*Prison does little to meet the aims of reparation, some prisoners get to work outside of prison during their sentence however this is extremely rare and very few people get that opportunity.
Rehabilitation
*Does not have rehabilitation despite being a goal of imprisonment, almost half of adult offenders reoffender within one year and for those who served less than 12 months this increases to 64%.
One reason for this failure are too short sentences with nearly of all sentences given being 6 months or less, which is not enough time to get to grips with long term problems that cause offending.
When are community orders imposed
When offences are too serious for a complete discharge, but too serious that a prison sentence is needed.
A community order will have one or more requirements such as
- Living in probation-approved hostel
- 40-300 hours of unpaid work
- Group programme such as anger Managment.
How does ‘Community Order’ meet punishment aims
- Retribution
Required to where bright vests with ‘community pay back’ to name and shame as well as doing unpaid labour are both forms of retribution
*Reparation
Reparation can include doing unpaid work to repair the damages they have caused to a victims property, reparation may also be given to the whole community through unpaid work on community payback e.g removing graffiti or picking up litter
How does ‘Community Order’ meet NOT punishment aims
- Public Protection
Does not achieve Public Protection as community sentences not lock offenders up and as such they are out in the streets while serving their sentence (although breaches of this sentence will lead to prison)
*Rehabilitation / Deterence
in 2013 more than 75% of those sent to prison the previous year had already at least one community sentence.
This suggests that community sentences do not meet the aim of rehabilitation fully. Plus, it doesn’t always act as a deterrent to not commit further criminal activity.
How does ‘Fine’ meet punishment aims
- Retribution and Deterrence
Main purpose is to provide deterrence and punishment for the offender. Financial punishment / retribution given through payment of fine.
Fines can be escalated if not paid. Possible prison time can be given for non-payment of fines.
How does ‘Fine’ NOT meet punishment aims
Many fines are written off (61%) if the offender cannot be traced & there is no realistic chance of collection.
Due to the figures, fines are not an effective method of achieving retribution or deterrence. Furthermore, the threat of prison for failing to pay does not seem to have an impact.
Not an effective deterrent for rich companies for instance who will just simply pay the fine
How does a ‘discharge’ meet punishment aims
Can be either conditional or absolute. Conditional discharge is used frequently for first time minor offences. Aims to stop reoffending & deterrence by having the cavate that if re-offending occurs, a more severe punishment can be given.
Absolute discharge is rare but is when no penalty is imposed. It’s the lowest level of punishment.
A court believes the process and experience of being arrested, court etc is enough deterrence to ensure no further crimes are committed.
How does a ‘discharge’ NOT meet punishment aims
*Deterrence
This would not work for those who do not respect the system as they would likely be back in court for re-offending.
Does not protect the public at all
OE
