AC 2.3 Flashcards
What are the 4 forms of punishment?
- imprisonment
- community
- financial
- discharge
How many are currently in prison in the UK?
82,000
What are the two types of prison sentences?
- life sentence - most serious sentence
- determinate sentences - one with a fixed length
What happens during a life sentence?
- judge sets the minimum time an offender must spend in prison
- the parole board will assess whether they are safe to be released
- if so, they are released on license to follow specific rules and be supervised by probation service
Explain why imprisonment meets the aim of retribution?
- it takes away their freedom and liberties
- this aligns with right realism who are focused on harsh punishments
Explain why imprisonment does not meet the aim of retribution?
- prisons are criticised for being too soft
- it is difficult to say whether prison gives offenders their ‘just desserts’
- how do we know exactly how long a prison sentence should be to achieve retribution
Explain why imprisonment meets the aim of deterrence?
- lengthy sentences can deter an individual from offending or reoffending
- being taken away from family and friends and loosing freedom may put someone off
Explain why imprisonment does not meet the aim of deterrence?
- deterrence only works if the right realist idea is true
- many offenders commit crime under the influence so do not consider risks beforehand
- prisons have a poor record for reducing reoffending
- sentence of less than 12 months 55.5% reoffend
- sentence of more than 12 months 20.4% reoffend
Explain why imprisonment meets the aim of incapacitation?
- while a person is in custody, they cannot commit crime, hence the aim of crime reduction being met
- aligns with right realism eg if they get category a prison, this sentence will be focused on public protection
Explain why imprisonment does not meet the aim of incapacitation?
- prisons can be a school for crime, prisoners acquire skills and become more criminal than before
- very costly - costs £44,600 a year
- prisoners can still commit crime in prison
- organised criminals still running crime rings
Explain why imprisonment meets the aim of reparation?
- under the prisoners earnings act 2011, prisoners who are permitted to work in resin can be made to pay a proportion of their earnings towards victim support, money goes to the national Victim Support, and pay for new support services, helping victims recover from trauma
Explain why imprisonment does not meet the aim of reparation?
- in practice very few prisoners have the oppurtunity to earn money
- in general prison does little in terms of reparation
Explain why imprisonment meets the aim of rehabilitation?
- prisons provide oppurtunities to deal with the case of offending, preparing them for a crime free life, demonstrated in recidivism figures
- links to left realism for which the aim is to remove the desire to reoffend
Explain why imprisonment does not meet the aim of rehabilitation?
- recidivism rates are too high, 20.4% of those in long sentences still reoffend
- short sentences do not give enough time to attend meaningful rehab
- prisoners may attend as a box ticking exercise to appear well behaved
What are community sentences?
a non-custodial sentence which requires an offender to perform community service, observe a curfew, undergo treatment, instead of going to prison
Explain why community sentences meet the aim of retribution?
- curfews and exclusion orders restrict offenders movement
- those doing paid work have to wear high visibility vests with ‘community payback’ on the back. this public naming and shaming could act as retribution
Explain why community sentences does not meet the aim of retribution?
- many see community sentences as a ‘soft’ form of punishment, so would not accept them
- offenders are not kept to the rules ode to their order so is not serving retribution
Explain why community sentences meet the aim of reparation?
- the damage to victim’s property is repaired
- anyone can nominate a project within a community for offenders to work on
Explain why community sentences meet the aim of rehabilitation?
- rehab programmes can be made compulsory for any community order
- community sentences are more effective at rehabilitating offenders and reducing recidivism than short sentences
- reoffending for those of community order was 4% lower than for short prison sentences
Explain why community sentences do not meet the aim of rehabilitation?
- the use of community orders has declined. between 2007 and 2017. their use fell from 14% to 85, so their rehabilitative impact will be lost
- around 50% still reoffend, so not everyone is rehabilitated
Explain why community sentences meet the aim of deterrence?
- the public naming and shaming of offender is highly visible to public so may put others off
- the strict nature and restrictions of the orders may act as an individual deterrent against future offending
- recidivism rates suggest community orders are acting as an individual deterrent
Explain why community sentences do not meet the aim of deterrence?
- some see community orders are ‘too soft’ and wouldn’t act as a deterrent
- 34% of offenders reoffend after a community order so they have not been individually deterred
What is a fine?
a financial penalty for reoffending, normally given for less serious offences, therefore used by magistrates court
What does the size of a fine depend on?
- how severe the crime was
- amount is set by the court and they will take into account the financial circumstance and can be paid in instalments
Explain why fines meet the aim of retribution?
- literally making someone pay for their crimes, may cause financial hardship and restrictions in their personal life
Explain why fines do not meet the aim of retribution?
- won’t have an impact on wealthy people
- failure to pay, between 2009 and 2013, £237.1 million had to be written off
- 61% of fines are written off or uncollected
Explain why fines meet the aim of deterrence?
- fines are a common way of disposing first offenders from the CJS, as they are used as a warming of worse to come if they reoffend
Explain why fines do not meet the aim of deterrence?
- if you are wealthy, a fine is less likely to act as a deterrent
- failure to pay is also an issue for deterrence
What are the two types of discharges?
- conditional discharge
- absolute discharge
What is conditional discharge?
- eg suspended sentences
- offender will not be punished unless they commit another crime
What is absolute discharge?
- no penalty imposed usually because the defendant is morally blameless
What is the main aim of a discharge?
deterrence
Explain why discharge meets the aim of deterrence?
- they are a warning to individuals future conduct
- conditional discharge means they have a threat of a sentence hanging over them
- court is enough to put them off further crime
