AC 2.3 Assess how forms of punishment meet the aims of punishment Flashcards
Outline the aims of sentencing
Retribution
Deterrence
Public protection
Rehabilitation
Reparations
What types of sentences are there?
Life sentences
Intermediate sentences
Indeterminate sentences
Determinate sentences
Suspended sentences
Custodial sentences
Explain five features of life sentences
The judge sets out the minimum time the offender has to remain in prison before release by parole
The board considers whether the release is safe and suitable for the offender
If released, they would be released on license and would have to follow a set of rules such as mandatory curfews
The offender remains on license for the rest of their life and will be supervised by parole officers. If they break any of the rules, they will be sent back to prison
Mandatory life sentences are given to offenders who are found guilty of murder or serious offences such as rape
A life sentence does not mean you have to be in prison for your whole life, but it does mean that the authorities will keep an eye on you for your whole life and this means your freedom will be limited for your whole life.
Explain what an intermediate sentences is
These set a minimum time an offender has to stay in prison
They have no automatic right to parole after a minimum term has been served
The parole board decides whether they are fit for parole
Outline indeterminate sentences
An indeterminate prison sentence does not have a fixed length of time.
This means:
no date is set for your release
you have to spend a minimum amount of time in prison (called a ‘tariff’) before you’re considered for release
The Parole Board is responsible for deciding if you can be released from prison.
What kind of criminals can be given an indeterminate sentence
Criminals who are a danger to the public e.g. rapists, murderers, and other crimes. Violent criminals will be assessed by a parole board who decides if they are not a danger to the public.
How can determinate sentences reduce recidivism?
The offender spends half their sentences in a community sentences or licence which is known to have lower recidivism rates
Having less time in prison limits the normalisation of criminal activities
It allows offenders to give back to the community through free labour which meets the aims of reparations
It allows offenders to be supervised and still punishes them by limiting their freedom which limits their chance of repeat- offending while also being integrated into society again.
What are the benefits of suspended sentences and what theories is it links to?
Limits the amount of offenders being sent to prison = LIMITING OVERPOPULATION OF PRISONS
This gives them a second chance at living a non-criminal life and limits their chance of reoffending (links to rational choice theory as we are autonomous agents who weigh the costs and benefits of committing crimes)
However, it makes sure an offender will not reoffend by imposing requirements such as drug treatments and holding their original sentence over their head for up to 2 years and will send them to prison of their break it.
links to right realist and marxist theories
Outline and evaluate custodial sentences
Custodial sentence = prison sentence
Types of custodial sentences: fixed term, indeterminate and life sentences
Custodial sentence are given to protect the public and punish violent and serious crimes
Benefits:
public protection +incapacitation
retribution
reparations
proportionate to crime committed
acts as a deterrence (vicarious reinforcement)
Token economies
Limitations:
Does not rehabilitate offenders
Does not look at the root causes of criminality e.g. poverty, class divide, lack of education (could back this up with Marxist theories)
Custodial sentences are a breeding ground for criminality.
Does imprisonment meet its punishment aims? (9 MARKS)
Imprisonment meets its aims of punishment through retribution and public protection. Prisons insure that offenders are incapacitated, meaning their freedom is limited and they cannot commit crimes for a fixed term. Custodial sentences make sure that the public is protected as they separate convicts from the rest of society. Also, imprisonment is a form of punishment, especially for extreme or violent crimes such as rape or murder. The environment of a prison ensures that convicts do not have a comfortable stay in prison due to over population, lack of freedom and a lack or privacy. Prisoners are also made to work for little money which makes sure they are paying reparations through cheap labour. Furthermore, imprisonment for life e.g. life sentences make sure offenders have a lack of freedom for the rest of their life as they are watched by the police when released on licence.
On the other hand, imprisonment often fails to meet the aims of rehabilitation as it lack the proper funding and support from staff to provide education, therapy, and training for offenders. Furthermore, custodial sentences often ignore the root causes for criminality such as poverty and lack of education. According to Marxist theories, the root cause of criminality is the class divide which allows the poor to be over policed and the rich to be commit crime without consequence. More so, Prisons are seen as a breeding ground for criminality and enable both young and old offenders to learn new criminal techniques and make criminal contacts outside of prison. As such prisons enable high recidivism rates within the first year of being released on licence, meaning they do not effectively meet deterrence aims.
Therefore, Imprisonment meets some of its aims but could improve on helping inmates to change their deviant behavioural characteristics through anger management and therapy.
Do community sentences meet their punishment aims? (9 marks)
Community sentences meet their punishment aims such as rehabilitation. It focuses addressing the complex needs of an offender, allowing them to change the way they behave and think. Community sentences have strict drug and alcohol tests, curfews, and enables less interaction with offenders then prison does. This allows offenders to be rehabilitated as community sentences focus on the causes of criminality such as mental health, drug addictions, and criminal influences. There is evidence from ministry of justice that proves community sentences are more effective at preventing recidivism as only 34% of offenders reoffend within the first 12 months of their prison release. This means that community sentences are also effective at deterrence and public protection as in the long term, criminals are less likely to reoffend and are deterred through positive influences such as therapy.
However, community sentences still run the risk of allowing offenders to reoffend as they have less limits then a prison would be. Also, the probation services are lacking in funding and may not be ass effective at supervising criminals. This may limit public safety. For example, the case of Anthony Rice:A high-profile case in the UK. Rice had a long history of sexual offences and was released under supervision (not exactly a community sentence but relevant in terms of managing offenders in the community). He went on to murder Naomi Bryant just months later.
This case led to major criticism of the criminal justice system’s risk assessment processes.
To what extent do fines meet the aims of punishment (6)
Fines meet the aims of retribution as it is seen as proportional to the crime committed. Fine suggest that less serious do not deserve prison as a punishment, but still needs ‘just desserts’ punishes a person by financially burdening them for their crimes. The magistrates court can fine someone up to 10000 pounds. For example, crimes such as speeding can result in a fine which is payed back to the government. This makes a person pay for their crimes and acts of a deterrence as it makes an offender reluctant to re-offend due to fear of punishment. This is an individual deterrence, however, fines may act as a general deterrence as members of society are less likely to commit a crime if they know they will be punished with a fine. More so, if an offender fails to pay their fine, bailiffs could be sent to collect their possessions or they could face prison time. This poses a deterrent for non- violent crimes as the general public understands that being given a fine can still lead to prison or losing valuable possessions. Fines are also a warning that if the same crime is committed, worse will come after.
However, most fines are not paid. By 2019, the backlog of unpaid fines and court surcharges had reached £623 million. This suggests that fines may not meet all the aims of crimes such as retribution.
EXPLAIN HOW DISCHARGE ORDERS MEET THE AIMS OF PUNISHMENTS: 3 marks
Discharge orders are when a court finds someone guilty of a minor crime, usually a first-time-offence. But they decide to hand out a criminal conviction but give a discharge. This can be conditional or unconditional.
Discharge meets the aim of deterrence. It’s the lowest level of punishment and acts as a warning as to the individuals future conduct. In general, there is a low rate of re-offending following a discharge order, especially for first time offences. This may be due to the fact that the process of going to courts is enough to deter them to mend their ways. In this aspect, discharge appears to largely meet their punishment aims.
To what extent do fines meet the aims of punishment (6)
Fines are financial penalties for offending. They are normally given for less serious offenses and through the magistrates court. Magistrates can only impose fines up to $5000 or £10000 for 2 or more offences. The size of fines depends on the offence, the circumstances of the crime and the offender’s ability to pay. Fines meet the aims of retribution as it is seen as proportional to the crime committed. Fine suggest that less serious do not deserve prison as a punishment, but still needs ‘just desserts’ punishes a person by financially burdening them for their crimes. The magistrates court can fine someone up to 10000 pounds. For example, crimes such as speeding can result in a fine which is paved back to the government. This makes a person pay for their crimes and acts of a deterrence as it makes an offender reluctant to re-offend due to fear of punishment. This is an individual deterrence, however, fines may act as a general deterrence as members of society are less likely to commit a crime if they know they will be punished with a fine. More so, if an offender fails to pay their fine, bailiffs could be sent to collect their possessions or they could face prison time. This poses a deterrent for non- violent crimes as the general public understands that being given a fine can still lead to prison or losing valuable possessions. Fines are also a warning that if the same crime is committed, worse will come after.
However, most fines are not paid. By 2019, the backlog of unpaid fines and court surcharges had reached £623 million. This suggests that fines may not meet all the aims of crimes such as retribution.
