AC 2.3 Assess how forms of punishment meet the aims of punishment Flashcards
What are the 5 aims of punishment
Retribution
Rehab
Deterrence
Incapacitation (public protection)
Restorative justice
What 4 types of sentence are used by courts:
Imprisonment
Community sentences
Fines
Discharge
How well does imprisonment as a punishment meet the aims of punishment
1: It does
1: It does:
Deterrence: - most of population doesn’t commit crime - 89.7 crimes per 1,000 people
Rehabilitation: - not everyone who leaves prison re-commits
Reparation: - under prisoners earnings act 2011 - offenders can be made to pay portion of salary to cost of victim support services
Retribution: - punishment/punishment fitting the crime, taking away freedom and often unpleasant living condition
Incapacitation: - Offenders are out of circulation
How well does imprisonment as a punishment meet the aims of punishment
2: It doesnt:
2: It doesn’t:
Deterrence:
- high recidivism rate currently 46% of adult prisoners re-offend within one year, only works if offenders can think rationally, often committed under drugs/alcohol - rational choice impaired
Rehabilitation:
- short sentences found to be less effective than community sentences, education and training limited opportunities limited after prisoner released to stop them re-offending as they have ties to the community and stable salary very limited- over half of the prisoners have a reading age of 11 - limited placed on course that adress offending behaviour
Reparation:
- Little amount of prisoners can afford to pay towards victim support services
Retribution:
- BUT how do we decide which offences a prisoner deserves - to long or too short?
Incapacitation: Prison can act as a school of crime
Describe different sentences of imprisonment
Life sentences
Determinate sentences
Suspended sentences
Life sentences (can be multiple): there is a particular length of time that must be served before parole - then the parole board assess whether the offender is suitable for release and whether this is under licence or not - life sentences are mandatory sentences for murder
Indeterminate sentences (IPP’s) (abolished 2012) - the minimum amount to be served before the parole board decides if the offender is able to be released on licence.
Determinate sentences (fixed length) - most common in UK, the majority to not serve all sentences if on good behaviour, sentences of 12 months/under normally half is served, longer than that offender usually served first half in prison and second half released on licence (probation)
Those sentenced to less than 2 years released on post sentence supervision for 12 months, included probation officer meetings
Suspended sentence (suspended for up to two years) - can be suspended for up to 2 years, usually applies to a sentence of less than a year
Offenders must meet requirements imposed at sentencing (rehabilitation for example) and must not re-offend during a suspended period or they will have to face the original sentence and for any further offences
How well do community sentences meet the aims of punishment?
1: It does
1: It does
Rehabilitation
- Complex needs of offenders often underlying causes of their offending - community sentences address these needs,
Retribution
- Punishment, curfews/restriction from certain areas, suffer limits on their freedom also public ‘naming and shaming’ from wearing hi-vis with community payback’ written on back
Reparation
- Repair damage to victim property, also to whole community - removing graffiti)
Incapacitation:
- Those serving community sentences can be sent to prison if do not complete sentence
How well do community sentences meet the aims of punishment?
2: It doesn’t
2: It doesn’t
Incapacitation (public safety and protection)
- Not achieved by community sentences
Name different types of community sentences
Unpaid work - up to 300 hours of unpaid work
Curfew
Drug testing + treatment
Supervision (provision
How well do fines meet the aims of punishment
1: - It does
1: It does
Retribution- Hitting someone in the pocket
Deterrence - fear of financial reparations for committing another crime
What does size of fine depend on
Offence itself
-Circumstances of the crime
-Offenders ability to pay
-Which court is hearing the case (Magistrates can only fine up to £5000 or £10,000 for two or more offences
What does failure to pay a fine mean
What is the downside of collecting fines
May face prison if do not pay, courts can deduct fines from an offenders benefits or send in bailiffs to seize property - many fines are not paid: 2019 the backlog of unpaid fines and courts reached £623m -
Many fines written off as uncollectable, suggests fines do not always meet their aims of punishment
2 different types of discharge
Conditional discharge: not sentenced unless a further offence is committed within a stated period
Absolute discharge: A finding of guilt is made but no conviction is registered, and they are not given any conditions to follow. Not imposing a punishment because the punishment of attending is enough.
