AC 2.3: Assess how forms of punishment meet the aims of punishment Flashcards
What is a life sentence?
The most serious punishment in the UK. A judge sets a minimum time before parole eligibility, and offenders remain on licence for life if released.
What percentage of the UK prison population serves life sentences?
Around 14%, the highest in Europe (2018 data).
What is a mandatory life sentence?
A compulsory life sentence for murder. Judges can also impose discretionary life sentences for other serious offences like rape.
. What is a whole life sentence?
A sentence where the offender will never be released.
What is an indeterminate sentence?
A sentence with a minimum term, after which the Parole Board decides if release is possible.
What are IPP sentences
indeterminate sentences that were available in England and Wales from 2005 to 2012. They were used for offenders who were considered dangerous but whose crimes weren’t serious enough for a life sentence
What happened to IPP sentences?
Introduced in 2003, declared unlawful in 2012, but 2,600 prisoners were still serving them in 2018.
What is a determinate sentence?
fixed-length prison sentence. Most UK prisoners serve determinate sentences.
How are determinate sentences served?
- If 12+ months, offenders serve half in prison and half on licence.
• If under 2 years, they get 12 months of post-sentence supervision.
What is a suspended sentence?
: A prison sentence of up to 2 years that is not immediately served, but the offender must comply with conditions (e.g., drug rehab). If they re-offend, they serve the original sentence.
What are the 5 aims of punishment
1) retribution
2) deterence
3) public protections
4) reparation
5) rehabilitation
How does imprisonment achieve retribution?
It punishes offenders by removing their freedom and imposing harsh living conditions.
Why might prison fail to achieve retribution?
Society disagrees on what constitutes a fair sentence length for different crimes.
How should imprisonment act as a deterrent?
The threat of prison should prevent potential offenders from committing crimes and discourage re-offenders.
Why is prison not an effective deterrent?
Nearly half of all prisoners re-offend within a year of release.
Why doesn’t deterrence work for all offenders?
Many offenders suffer from addiction, mental health issues, or poor education, which prevent rational decision-making.
How does prison protect the public?
It It removes criminals from society, preventing them from committing further crimes.
-What types of sentences offer the most public protection?
. Whole-life sentences
Mandatory life sentences (e.g., 2 years for hate crimes)
Indeterminate sentences (offender only released when safe)
Why might prison fail to fully protect the public?hint 4 points
Prisoners can harm themselves, other inmates, or officers.
Prison can act as a “school for crime.”
Most prisoners are eventually released.
Prison is very expensive.
How does imprisonment aim to achieve reparation?
Some prisoners work to contribute to society under the Prisoner’s Earnings Act 2011, which deducts earnings for victim support services.
Why does imprisonment fail to meet reparation?
Few prisoners get work opportunities, so it has little impact on repairing harm to victims or society.
How does prison aim to rehabilitate offenders?
Longer sentences allow access to rehabilitation programs, such as:
Family-oriented units for parenting support.
Education programs (literacy, numeracy, IT skills).
Why does prison often fail to rehabilitate offenders?
Short sentences prevent proper rehabilitation.
Lack of education/training facilities.
Lack of funding for anger
management programs.
Addiction & mental health issues are often not treated.
. What is community sentencing? And what factors do they include
: A Community Order with one or more of the following requirements:
Supervision by probation officers
40-300 hours of unpaid work (e.g., Community Payback)
Curfew/exclusion orders
Living in probation-approved housing
Rehabilitation programs (e.g., anger management, drug treatment)
How does community sentencing achieve retribution?
. Curfews, unpaid work, and tagging restrict freedom.
Public naming & shaming (e.g., “Community Payback” jackets).
How does community sentencing protect the public?
Offenders can be sent to prison if they breach conditions.
Tagging and curfews help monitor offenders.
Why might community sentencing fail to protect the public?
It does not remove offenders from society (no incapacitation).
How does community sentencing meet reparation?
Offenders repair damage to the community (e.g., removing graffiti, cleaning public spaces).
. How does community sentencing help rehabilitation?
Tackles offenders’ needs like:
• Homelessness
• Drug misuse
• Unemployment
• Lack of education
How effective is community sentencing at preventing reoffending?
More effective than short prison sentences.
Why is community sentencing becoming less common? Statistic
From 2007 to 2017, the number of Community Orders dropped from 14% to 8%.
What are fines?
-Financial penalties for less serious offences, often given in Magistrates’ Courts.
What factors determine fine size? Main 4 factors
The offence
.Sentencing guidelines
The offender’s ability to pay
Which court hears the case (Magistrates can fine up to £5,000).
How do fines meet retribution?
Offenders suffer financial loss, forcing them to make sacrifices.
How do fines deter offenders?
They warn first-time offenders of worse consequences.
Unpaid fines can lead to prison or property seizure.
Why might fines fail as a deterrent?.Statistics
Many fines are unpaid (£747m in unpaid fines in 2016).
Many unpaid fines are written off as uncollectable.
What is a discharge in criminal sentencing?
A sentence where a guilty offender is not given a formal punishment, usually for minor or first-time offences.
What are the two types of discharges?
1.Conditional Discharge – No punishment unless they re-offend within a set period (up to 3 years). If they re-offend, they are sentenced for both the original and new offence.
2.Absolute (Unconditional) Discharge – No penalty is imposed because punishment would be morally inappropriate (e.g., Thirsk Rail Crash case).
Does a conditional discharge result in a criminal record?
Yes, if the offender re-offends within the set period.
Does an absolute discharge result in a criminal record?
No, because no punishment is given.
How can discharges act as a deterrent?
They warn offenders about their future conduct and make them aware of harsher penalties if they re-offend.
Why might discharges fail as a deterrent?
They are the lowest level of punishment, so some offenders might not take them seriously.
