AC2.3 Assess how forms of punishment meet the aims of punishment Flashcards
What are factors the court has to take into account when deciding the type of sentence?
Aggravating factors- Make your sentence harsher e.g if u use a weapon, it is a racial attack, repeat offender etc.
Mitigating factors- Reduce your sentence e.g if you show remorse or guilt, first time offender and have a good character reference
What are the types of prisons sentences that a court can issue?
Mandatory- Judge has to give a specific sentence for a specific crime set out by the law.
Tariff- length of time given in prison
Suspended- When a prison sentence is given but the offender only goes to prison if they break certain rules.
Do prisons work?
YES- There are rehab programmes to reform offenders.
- They are good for protecting the public and providing justice for the victims
NO- Reoffending rates are high after imprisonment showing they are ineffective.
- Lack of funding - less abilities to pay for better resources
What is a community sentence?
Sentences given to minor offences where offenders work in the community
Examples of community sentences..
- Unpaid work 2. Curfews and electronic tagging 3. probation 4. rehabilitation programmes 5. banned activities
Are community sentences effective?
Yes- they can help rehabilitate offenders by helping the community
No - No protection of society
What types of fines are issued by the courts?
- Penalty (fines for speeding)
- Compensation
- Environmental/corporate
- Default fines
Are fines effective?
Yes- Acts as a deterrent because you do not want to lose money
No- Does not protect the public from potentially dangerous offenders
What is a discharge?
When a person is convicted but the courts decide to take no further action
What are the two types of discharge?
Absolute- No penalty imposed at all
Conditional- Conditions in place, for examples an offender will not be sent to prison unless commit a crime, then they will be sent to prison
Is the use of discharge effective?
Yes- Can act as a deterrent because you are going to court which may deter you from committing a crime again.
No- Does not rehabilitate someone
