AC2.3 - Assess how forms of punishment meet the aims of punishment

Question 1

What is imprisonment?

Answer 1

Mandatory and discretionary life sentence, fixed term and indeterminate sentences, suspended sentences

Question 2

What are examples of community sentences?

Answer 2

• Unpaid work
• Curfew
• Drug treatment and testing
• Supervision (probation)

Question 3

What are fines?

Answer 3

Depend on financial circumstances of the offenders and seriousness of offence

Question 4

What are conditional discharges?

Answer 4

Where the defendant reoffends during a set period of time (up to 3 years), the courts can impose a different sentence

Question 5

What are absolute discharges?

Answer 5

When no penalty is imposed as the defendant is guilty but morally blameless

Question 6

How do custodial sentences meet the aims of punishment?

Answer 6

Custodial sentences are handed down by courts for the most serious offences, or when the court believes that the public must be protected by removing the offender from society.

Question 7

What are the 3 kind of prison sentence in the UK?

Answer 7

Indeterminate and life, determinate and suspended

Question 8

How do life sentences meet the aims of punishment?

Answer 8

A life sentence is the most serious punishment available to our courts. The judge sets the minimum time that the offender must spend in prison before they can be considered for release by the parole board. Offenders who receive a life sentence spend on average, 16 years in custody. When released, they continue to serve their sentence for the rest of their lives. They are subject to monitoring and restrictions (supervised by probation officer) and can be returned to custody at any point if they break the terms of the licence

Question 9

How do indeterminate sentences meet the aims of punishment?

Answer 9

Put in prison but not given a release date, can only be released when the parole board decide when. These are dangerous offenders and might suggest that prison is achieving the aim of protection of society. Although they were abolished, there are many still serving them in prison. In Jan 2018, it was announced John Worboys was to be released provoking public outcry

Question 10

What is the case of John Worboys?

Answer 10

He drugged his victims with alcohol laved with drug claiming to be celebrating the lottery. He had 100 victims. He was arrested in 2008, convicted of raping 12 thought to be over 100. Parole board were set to release him because he received an IPP, they thought that he was no longer a threat. 4 victims came forward and he was resented receiving 2 life sentences

Question 11

How do determinate sentences meet the aims of punishment?

Answer 11

The majority of people sent to prison are given fixed term sentence and therefore know the amount of time they have to serve. Most prisoners in the UK serve a determinate sentence. In most cases, not all the sentence is served in prison: anyone given a sentence of between 2 days but less than 2 years will be released on licence halfway through their sentence. They are on licence until the end of their sentence with an additional post sentence supervision of at least 12 months. Prisoners serving over 2 years will serve half of their sentence in prison and the remainder in the community, subject to supervision and including conditions. This could point to the aim of rehabilitation (when released, supervised by probation officer and will have to do unpaid work or drug testing) being achieved or at least an attempt at it

Question 12

How does imprisonment achieve retribution?

Answer 12

The prison sentence is proportionate to the crime committed e.g., murder = life sentence. It punishes the offender by taking away their freedom which is seen as just desserts

Question 13

How does imprisonment achieve public protection?

Answer 13

A prison sentence physically incapacitates someone, they are not in society so it removes the chances for them to commit crime.
Lombroso said people were born criminal so the only way to prevent someone from committing crime is to physically incapacitate them, protecting the public

Question 14

How is individual deterrence achieved through imprisonment?

Answer 14

The offender will not want to experience prison again so it will deter them from reoffending. Don’t want to experience prison again or receive a worse sentence

Question 15

Why would individual deterrence not be achieved through imprisonment?

Answer 15

46% of adults are re-convicted within 1 year of release - Bromley Briefings Factfile 2017 - 59% recidivism rate for those who had a sentence of less than 1 year - universities of crime

Question 16

Why would SLT argue individual deterrence isn’t achieved through imprisonment?

Answer 16

Prisons are a university of crime so imprisonment isn’t effective because they learn from other prisoners

Question 17

Why would right realists argue general deterrence is achieved through imprisonment?

Answer 17

Harsh punishments such as prison may deter other offenders as fear of prison may outweigh the benefits of committing the crime

Question 18

How does imprisonment achieve rehabilitation?

Answer 18

Halfway through a determinate sentence, a person is let out on probation where they will be unpaid work and drug tests. Prisons offer courses such as NVQ. GovUK: between 2021/22 49,855 prisoners on courses

Question 19

How does imprisonment not achieve rehabilitation?

Answer 19

Other than imprisoning an offender, there is no attempt at modifying their behaviour. Coates 2006 reported that 3/5 of offenders leave prison without a successful outcome of enhanced employment or educational§ skills - doesn’t mean they pass

Question 20

How does imprisonment achieve reparation?

Answer 20

The victim will feel a sense of justice from the offender being in prison

Question 21

What are some examples of community sentences?

Answer 21

• Carrying out between 40 and 300 hours of unpaid work
• Undergo alcohol or drug treatment to tackle causes of offending
• A curfew or an exclusion order
• A residentiary requirement
• A group programme such as anger management
• 3/4 of those in prison have at least 1 community sentence

Question 22

What are the Bromley Briefing statistics about community sentences?

Answer 22

Use of community sentences have nearly halved and account for 9% of sentences. They are 8.3% more effective at reducing one-year reoffending rates than custodial sentences of less than 12 months for similar offences

Question 23

What did the BBC report about community sentences?

Answer 23

2013 that more than 3/4 of people sent to prison the pervious year had at least 1 previous community sentence showing they don’t achieve as much individual deterrence

Question 24

How do community sentences achieve reparation?

Answer 24

Making social amends with the community so not labelled as a criminal - given a chance to move on from the label which they wouldn’t be able to do if they were in prison. Grafitti can be fixed through cleaning

Question 25

How do community sentences achieve retribution?

Answer 25

Receiving a punishment for their crimes ‘just desserts’, community sentence is proportional to crimes such as vandalism, taking free time

Question 26

How do community sentences NOT achieve retribution?

Answer 26

Not a very serious punishment (people may not take it seriously). Right realists wouldn’t agree with it because they believe that harsher punishment will be more likely to deter people from crime. Not proportionate.

Question 27

How do community sentences achieve public protection?

Answer 27

Curfew, residential requirement and drug/alcohol testing/courses to protect the public. Alcohol/drugs cause someone to reoffend. Curfew physically incapacitates someone. Lombroso - criminals should be separated from society because people are born criminal

Question 28

How do community sentences NOT achieve public protection?

Answer 28

Freedom isn’t fully taken away, still opportunity to commit crime. Offender can still interact with the public

Question 29

What are financial penalities?

Answer 29

Common for driving offences and is often paid in instalments. Size of fine depends on the offence itself, the circumstances of the crime - sentencing guidelines give a range of options depending on whether it was a first offence, how much harm was done etc., which court is hearing it

Magistrate’s can only impose fines up to £5000 for one crime or £10,000 for two or more

Question 30

What is the aim of financial penalities?

Answer 30

To provide deterrence and punishment for the defendants, in an attempt to prevent them form committing repeat offences. It is possible to be sent to prison for not paying a fine but only if the court believes you’re deliberately not paying

Question 31

What statistics did the Daily Telegraph find about financial penalties?

Answer 31

1/4 billion pounds of court fines have been written off because offenders can no longer be traced. Between 2009 and 13 £237.1M of court fines administratively cancelled because there was no realistic chance of collection

Question 32

What did the Mirror find about financial penalties?

Answer 32

61% of fines are written off or remain uncollected

Question 33

How do financial penalties achieve general deterrence?

Answer 33

People don’t want to receive a fine, will put public off illegal parking - amount can be changed due to crime

Question 34

How do financial penalties achieve individual deterrence?

Answer 34

People don’t want to receive another fine/go to prison or receive a more expensive fine

Question 35

How do financial penalties achieve retribution?

Answer 35

It is a punishment as you are losing money - ‘just desserts’

Question 36

How do financial penalties NOT achieve retribution?

Answer 36

People can go on with their lives after paying, not always appropriate for serious crimes. Fines don’t affect the rich as they can afford them - Marxism

Question 37

What are conditional discharges?

Answer 37

Frequently used for minor first-time offences. The nature is that defendant does not reoffend. If there is further reoffending during the period, the courts can give an alternative sentence for the original offence and a second sentence for any reoffending. Main aim is deterrence

Question 38

What are absolute discharges?

Answer 38

No penalty imposed, used when defendant is guilty but morally blameless for example wearing§ at a police officer when drunk

Question 39

Why would Lombroso be critical of discharges?

Answer 39

Criminals are born that way and can’t change, should be separated from rest of society

Question 40

How do discharges achieve individual deterrence?

Answer 40

Conditional: don’t want to receive a further sanction so don’t reoffend
Absolute: don’t want to go through the process again

Question 41

How do discharges achieve retribution?

Answer 41

Conditional: small punishment which fits small offence (proportionate) used for minor first-time offences