AC 2.3 Assess how forms of Punishment meet the Aims of Punishment Flashcards
1
Q
What are the different Forms of Punishment?
A
Custodial Sentence, Community Sentence, Fines, Discharge
2
Q
What are the types of Custodial Sentence?
A
Mandatory and Suspended
3
Q
Adv’s of Custodial Sentences
A
- Very few escapes, never escaped from Belmarsh, only 1 escape in 22/23
- Effective form of punishment by removing freedom
- Privatised prisons have facilities for employment and education, get job on release
4
Q
Dis of Custodial Sentences
A
- High reoffending - 47% PRT, 67% U18’s
- Lack of rehabilitation, learn criminal skills make offending worse
- Doesn’t target the cause of the crime, lack of education/poverty
- Overcrowded (70% 2015) understaffed (1 in 7 staff left in 2021) so overworked
- Rife with drugs, not locking down to search for drugs because it would cost money (Sodexo - Northumberland)
5
Q
How do Custodial Sentences meet the aims of Punishment?
A
- Retribution = removes freedom
- Rehabilitation = engage in reform programmes like restorative justice
- Protection of public = locking away keeps society safe
6
Q
What are the types of Community Sentence?
A
Unpaid work requirement - e.g. litter picking, cleaning graffiti, attend workshops
7
Q
Adv’s of Community Sentences
A
- Punishes them without going to prison - not exposed to criminal attitudes and techniques
- Helps give back to the community so that society benefits
- The length given is reasonable for the crime committed, fair punishment. Also given at times to work around the person and be of equal inconvenience
- Doesn’t break up families so less likely to push into deviant cycle
8
Q
Dis of Community Sentences
A
- Need to be willing to invest in it or it wont work as its long term commitment, therefore some prefer small prison sentence
- Drug rehabilitation programmes are not effective - high recidivism
- 30% of community sentences fail for committing an additional offence or breaching conditions
9
Q
How do Community Sentences meet the aims of Punishment?
A
- Deterrent = Wear high-vis bibs, people see them and are discouraged as don’t want to have the shame of being seen carrying out community sentence. (H) Recidivism 30% so maybe not good individual deterrent
- Retribution = making them spend time repairing their damage is a fair punishment. (H) Criticised for being too lenient and forgiving for offenders calendar as to not disrupt family
- Reparation = putting things back to how they were, make it up to society
- Public Protection = if on tag may prevent you going near the V or a place where you commit crime. (H) Still on streets and usually long delay between sentence and being given and when you actually start serving it
- Rehabilitation = Regular appointments to keep track of progress, giving back to community may make them realise their wrongs and change criminal attitudes. (H) High recidivism (30%) may been seen as easier option or an achievement for youths
10
Q
Outline Fines
A
- Given for road traffic or financial crimes E.g. fixed penalties
- Can be made to pay ‘proceeds of crime’ (pay back the money you made through crime)
- More often given to adult offenders because more likely to afford it then youths, whose parents may pay it for them otherwise, so they wouldn’t be reformed
11
Q
Adv’s of Fines
A
- Easy to give out, not contribute to overpopulation of prisons
- Makes money for Government they can use to improve public services
12
Q
Dis of Fines
A
- Easier to escape paying them e.g. on trains
- Not effective punishment for wealthy people
13
Q
How do Fines meet the aims of Punishment?
A
- Retribution = punishes them with sharp fines
- Deterrent = good individual deterrent if its a service you use regularly e.g. trying to not pay on train (H) Not if you have lots of money e.g. parking fines in London. Also not good general deterrent if other people have more money
14
Q
Outline Discharge
A
- When a person is convicted but the courts decide to take no further action
- Split into
- Conditional (conditions attached to freedom e.g. hand over passport, wear a tag, give money for period of time)
- Absolute (technically guilty but morally blameless - no penalty imposed, conviction is immediately spent)
15
Q
Adv’s of Discharge
A
Absolute discharge allows them to reflect and reform because judge gives you understanding of what you have done and who it’s affected, opportunity to reform yourself
