AC2.3 (types of punishment and their aims)

Question 1

What are the main punishments used by the CJS?

Answer 1

imprisonment
community
financial
discharge

Question 2

Explain each punishment

Answer 2

imprisonment: custodial sentences and suspended sentences.

community: community sentences which may include unpaid work, treatment programmes or education.

financial: common for minor offences, set by court. if not paid, could face prison

Discharges: absolute (no penalty) conditional (set period of no offending)

Question 3

What are the aims of imprisonment?

Answer 3

retribution and deterrence,

Question 4

what are the aims of fines?

Answer 4

retribution, deterrence and reparation

Question 5

what are the aims of absolute discharge?

Answer 5

retribution

Question 6

what are the aims of conditional discharge?

Answer 6

retribution and deterrence

Question 7

What are the aims of community orders?

Answer 7

rehabilitation, reparation and protection of public.

Question 8

What evidence is there about imprisonment meeting its aims?

Answer 8

Deterrence:
+ only 10-20% re-offend after long prison sentences
- however 60% re-offend if their sentences was 12 months or lower
Retribution:
+ Robert Maudsley, 20 yrs in solitary after killing 2 inmates
- some prisons are seen as too lenient, such as HMP Berwyn, which had TV and video games for inmates to use.

Question 9

What evidence is there about community orders meeting their aims?

Answer 9

Rehabilitation:
+ re-offending rates around 36%
- numbers of community orders has fallen in past years (14%-8%)
-for drug treatments not everyone completes the course
Reparation:
+ returns society to state before crime
- drug treatment/tags don’t repair damage
Public Protection:
+ in high vis
+drug treatments should prevent further offending
-offenders in the community

Question 10

what evidence is there about fines meeting their aims?

Answer 10

retribution:
+an example of the tariff system
deterrence:
+makes individual unlikely to re-offend (esp. for larger fines) and deters others
-although less of a deterrence for the rich
reparation:
+some money goes back to the victim
-not all can afford to pay back the fine, which costs the government.

Question 11

what evidence is there about discharge absolute meeting their aims?

Answer 11

retribution:
+punishment is proportionate to the crime
example: Burlington father (USA) left child in hot car.

Question 12

what evidence is there about conditional discharge meeting their aims?

Answer 12

Retribution:
+proportionate to the crime
Deterrence:
+individuals will avoid further criminal activities in their set period.