AC2.3 assess how forms of punishment meet the aims of punishment Flashcards
Community Sentences
This is typically unpaid work to punish offenders by having them engage with unpaid mandatory work which can be up to 300 hours with activities including removing graffiti, cleaning rubbish or maintaining unkempt areas, vocational or behavioural courses both to facilitate rehabilitation as well as providing an opportunity for reparation.
Theories that support community sentences
Labelling theory favours the community orders as a way of reintegrating offenders into society. By enabling them to show remorse, it prevents them from being pushed into secondary deviance and reoffending as a result.
Imprisonment
This occurs when the offence is so serious that neither a fine nor a community sentence can be justified for the offence according to the Sentencing Act of 2020. An example when the sentencing is mandatory is when a life sentence is issued for murder. Additionally the tariff system in prison sentences further reflects the aim of retribution as there is a Parole Board that reviews the reformation to which the offender has gone through during their time in prison that can allow them to be released earlier.
Theories that support imprisonment
Right realists support incapacitation because they believe the majority of crimes are committed by a small minority, therefore by targeting and imprisoning them, criminality is reduced and the public are protected.
Discharge
A discharge means that the offender is released from court without any further action but the offender will receive a criminal record temporarily. There are two types of discharges; a conditional discharge which is where the judge needs to consider whether the sentence is good for the offender and the public and an absolute discharge where there is no penalty imposed and usually given were the offender is deemed guilty but blameless. This punishment is therefore used as a general deterrent to explicitly warn someone of the criminal justice system without it majorly impacting the offender’s life
theories that support discharge
Labelling theory would argue that discharge allows offender to be punished and shown the possible consequences without this label following them around for the rest of their life and becoming their master status.
Financial Penalties
The court considers how serious the offence is and how much money the offender can pay based on their income, Fines can be given to organisations or companies as well as people. The overall aim of this punishment is deterrence although 61% of fines are either written off or remained uncollected.
What theory support financial compensation
Labelling theory favours financial compensation as a way of reintegrating offenders into society. By enabling them to show remorse, it prevents them from being pushed into secondary deviance and reoffending as a result.
