AC2.3 Flashcards
What are the four forms of punishment?
Imprisonment, Community, Financial and Discharge.
Give a brief summary of how imprisonment meets their aim of punishment:
One form of punishment is imprisonment which aims to punish the offender by depriving them of their liberty e.g prisoners may be given a mandatory life sentence for offence of murder.One of the main objectives of imprisonment is retribution which is based on the belief that the criminal deserves to suffer. Therefore prisons are run in a way that makes life unpleasant for people, who, by their crimes, have made others’ lives unpleasant. This meets the aim of both general and individual deterrence as criminals, especially those who have committed smaller crimes such as burglary or drug use, will experience a lack of freedom and the poor living conditions which can deter them from further offending whilst also creating a fear of being similarly punished. Lastly, Imprisonment also meets its aim of public protection as the offender is detained and is unable to commit crimes whilst incarcerated.
Give a brief summary of how imprisonment does not meet their aim of punishment
Prison isn’t seen as meeting the aims of retribution as according to the Bromley briefings fact file, around 46% of adults are reconvicted within one year of release, this recidivism rate would suggest that many prisoners are not deterred from committing crimes by the possibility of a term of imprisonment and can also suggest that the social learning theory could account for criminality. Furthermore, Prisons are classed as universities of crime so it may be that some offenders are learning how to commit more crime from fellow prisoners through observational learning.
Give a brief summary of how community sentances meets their aim of punishment
Community Sentences combine punishment, with activities that are carried out in the community such as unpaid work, cleaning/removing graffiti, and drug treatment programmes. These requirements aim to punish offenders, to change offenders’ behaviour so they don’t commit crime in the future, and to make amends to the victim of the crime or the local community. Community sentences are a vital part of any effective justice system – because judges and magistrates need options for those who commit less serious crimes, where a prison sentence would not be merited. The punishment meets the aim of reperation as it ensures the offender is paying back to the victim whilst also making reperation to society as community sentances involves cleaning the streets. It also meets the aims of retribution as offenders need to attend sessions such as anger management or drug and alcohol workshops. This means offenders are more likely to be rehabilitated. Lastly community sentances can also meet the aim of deterrence as the idea of unpaid labour or being seen by members of the public may act as a detterent.
Give a brief summary of how community sentances do not meet their aims of punishment
However, Community sentences do not meet their aims of punishment as often offenders feel they are getting away with it lightly rather than being properly punished which may make them reoffend. In addition, it does not meet the aims of making the victim feel that justice has been truly done as the consequences lack credibility as an effective punishment and overall re-offending rates for community sentences remain too high which suggests it does not meet the aims of rehabilitation.
Give a brief summary of how financial punishments meet their aims of punishment
One of the most common criminal sentances are financial punishments which are often caused from driving offences eg speeding, minor offences or theft, criminal damage and not having a TV licence. The offender must pay a sum of money however the offenders income and their ability to pay are both taken into consideration when deciding the amount. This punishment meets its aim of deterrence as if a fine is not paid, bailiffs may seize an offenders possesions or if it is believed that an offender is deliberately not paying their fine, they may be sent to prison. This can cause severe financial distress on the offender which can deter them from reoffending. This punishment also meets the aim of reperation especially if a compensation payment is required as it is paying back the victim. Theoretical models of crime and punishment would state that financial punishments are an effective form of punishment as it is socially costless to impose.
. How do suspended sentances meet their aim of punishment?
a period of imprisonment suspended by up to two years, possibility of prison if re-offending takes place may prevent the individual from further offending.
Breifly explain how discharges meet their aims of punishment
Discharges are given for the least serious offences such as very minor thefts. The court may give an absolute discharge, which means it decides not to impose a punishment because the experience of going to court has been punishment enough.A conditional discharge can also be given – this means that if the offender commits another crime, they can be sentenced for the first offence and the new one. This punishment meets its aim of deterrence as a conditional discharge aims to deter criminals from committing further crimes by using the fear of punishment as a deterrent and gives the offender a second chance. - alternative sentence for the original offence, plus a second sentence for the reoffence - almost a ‘second chance’.
Which case study could be used when discussing conditional discharges?
R v. Varma.
Outline the case study of R v. Varma.
Varma was convicted of being knowingly concerned in/involved with the fraudulent erasion of duty of goods. Varma bought a quantity of tobacco in the UK - without paying the relevant import duties. Varma received a 2-year conditional discharge; however, he also received a further penalty of a confiscation order of £1,500. This is often used when a defendant is believed to have gained financially from criminality. However, Varma appealed against this, and his case went to the Supreme court, where his confiscation order was quashed.
