AC 2.3 - Imprisonment Flashcards
1
Q
what is a Mandatory Life sentence?
A
- most serious punishment available
- applies to murder conviction
- people spend on average 16 years in prison
2
Q
what is a Discretionary Life sentence?
A
- given for serious offences other than murder
- e.g manslaughter, robbery, rape
3
Q
what is a indeterminate sentence?
A
- no release date is given
- abolished in 2012, but some offenders still on these
4
Q
what is a suspended sentence?
A
- given a custodial sentence
- they still get to live in community
- if they commit more crime they can be sent to prison
5
Q
how does prison meet the aim of Retribution?
A
- fulfils revenge in retribution
- civil liberties are taking away & they deserve the punishment
- whole life sentences are given, this could be seen as revenge e.g Wayne Couzens
- prison sentences are overused in E&W,prison population has increased by 70% in the last 30 years
- sentence lengths are also increasing, indictable offences the average sentence is nearly 2 years longer than in 2008
- minimum terms gave also increased e.g for murder it was 13 years in 2008 but is now 20 in 2020
6
Q
how does prison not meet the aim of Retribution?
A
- it is not harsh enough to fulfill retribution
- the re-offending rates are high, 45% within a year of release, this has increased with short sentences to 63%
- 369 people died in prison in the year to Sept. 2021
- 81 of these were self inflicted
- self inflicted deaths are 6 times more likely in prison than the general population, 21% are in the first 30 days
- self harm rates are at 2nd highest ever recorded
- woman make up 4% of prison population but they account for a disproportionate no. of self harm incidents
- there is a rewards scheme in prison and can be argued it is a relatively nice experience
7
Q
how does prison meet the aim of Rehabilitation?
A
- engagement with education can slightly reduce reoffending - 34% compared to 45% without reoffending, it can help change mindsets, gain employment and can help with addiction
- there are around 2000 prisoners in higher education - it is estimated that this reduces reoffending by between 20% & 40%
8
Q
how does prison not meet the aim of Rehabilitation?
A
- more than a quarter of people say it is easy to get drugs in prison, this doesn’t meet the aim of rehabilitation as they are not getting rehabilitated if they can get drugs in prison
- only 36% of prisoners received a positive rating for purposeful work activity (2019-2020)
- nearly 2/3 of prisoners enter prison with literacy skills of an 11 year old, a lot of work would need to be done to even achieve GCSEs
- you have to have at least 6 years on your sentence to qualify for HE, with the increase in short sentences this is not possible for everyone
9
Q
how does prison meet the aim of Deterrence?
A
- reoffending rate has decreased, prison is getting better at meeting deterrence
- prisons are not nice places to be, they are overcrowded & unsafe
- 51% of men’s prisons were deemed unsafe
- basic needs are not met physically and mentally, most responders would choose not to return
- people learn more crime in prison (14% of men & 12% of women develop develop a new drugs addiction in prison)
- general deterrence, people can be deterred by observing others receive a harsh punishment e.g London Riots 2011
10
Q
how does prison not meet the aim of Deterrence?
A
- reoffending rates are still to high, 45%
- 65% reoffending rate for sentences less than 12 months, prisons aren’t meeting deterrence
- prison system as a whole has been overcrowded since 1994, expedited to increase by 19,000 by 2026
- we don’t often hear about punishment given, when we do those crimes don’t stop e.g after Sarah Everard’s murder in 2021, crimes against women have not decreased.
11
Q
how does prison meet the aim of Public Protection?
A
- Scotland, England & Wales have the highest imprisonment rates in Europe
- more and more longer sentences are being given, they are 2 years higher than in 2008
- minimum terms have increased e.g for murder it was 13 years in 2000 and was 20 years in 2020
- the public are protected from dangerous criminals with indeterminate sentences e.g John Warboys was going to be released but this decision was overturned
12
Q
how does prison not meet the aim of Public Protection?
A
- there has been an increase in shorter sentences, these don’t protect us & they carry a higher reoffending rate of 63%
- high reoffending rates of 45% shows that while we may be protected while people are in prison they are out to commit more crime before long
- the public was surveyed & think that prison sentences are too lenient, meaning they may not feel protected
13
Q
how does prison meet the aim of Reparation?
A
- it could be argued that by taking the punishment in prison they are making amends for their crime, the family know they are paying for it
- some prisoners take part in Restorative Justice, they may write to the victim/ victim’s family with their chance to apologise
14
Q
how does prison not meet the aim of Reparation?
A
- suicide rates in prison are high, are people really making amends if they do this?
- its not direct payback to the victim or their family
- some prisons don’t take part in Restorative Justice
- prisons are sometimes argued as being relatively nice places and are not harsh enough
15
Q
how does prison meet the aim of Denunciation?
A
- prison is the form of punishment that most of society would think of when we hear of someone committing a crime
- half of employers said they would not interview someone who ha a conviction, this reinforcing that they have done something that we as a society disagree with
- when offenders are sent to prison they are reminded that what they have done is wrong, allowing for boundary maintenance to take place e.g Karen Matthews, Wayne Couzens
