Assess how Forms of Punishment Meet the Aims of Punishment (AC 2.3) Flashcards
What are the 4 types of punishments available?
- Imprisonment: for the most serious offences, where the defendant is removed from society
- Community sentences: unpaid work, curfews, and/ or drug treatments imposed on a defendant
- Fines: a sum of money paid to the victim by the defendant
- Discharge: the defendant is let go either with or without conditions
What are the different types of prison sentences?
- Life
- Mandatory life
- Indeterminate
- Determinate
- Suspended
What is a life sentence?
One of the most serious punishments a UK court can give. The judge sets a minimum time for the defendant to spend in prison before they can be considered for release by the parole board.
If they are release they still remain on licence for the rest of their life, meaning they can be called back to prison if they break any terms.
What is a mandatory life sentence?
These must be given to those found guilt of murder, whereas it’s called a discretionary life sentences for other similar serious offences like rape.
In some serious cases a judge may sentence a whole life term, meaning the offender will never be released. e.g. Wayne Couzens, Rose West, …
What is an indeterminate sentence?
These set a minimum time for the offender to stay in prison with no automatic right to be released, the parole board will decide If the offender is suitable to be released on licence.
Some are known as Imprisonment for Public Protection, in 2012 these IPP sentenced were riled unlawful and abolished for new cases. 2024: 1,096 og IPP prisoners remain
What is a determinate sentence?
These sentences have a fixed length, though most prisoners don’t serve the full time in prison.
If it is under 12months they’re usually released halfway.
If 12months/ over the first half may be spent in prison, the rest on probation.
If under 2 years they’re release on post-sentence supervisor for 12months with requirements and meeting with a probation officer
What is a suspended sentence?
With this sentence the offender does not go directly to prison they can just be suspended for up to 2 years, and requirements can be imposed such as probation, drug treatment. If they fail to meet the requirements or commit another offence they can be sent to prison.
What aims of sentencing does imprisonment apply to?
- Retribution
- Deterrence
- Pubic Protection
- Reparation
- Rehabilitation
Does imprisonment meet the aims of retribution?
Yes, prison punishes offenders by taking away their freedom and imposing unpleasant conditions.
However, society does disagree on what a proportional sentence should be and which offenders deserve prison.
Does imprisonment meet the aims of deterrence?
It is argued that the risk of prison deters potential and released offenders, but high reoffending rates suggest that prison is not an effective deterrent: around 1/2 reoffend within year of release. It would only work if criminals are rational thinkers, but any crimes are committed under the influence of drugs/ alcohol, by offender with little education on sentencing or with mental health problems, so risks may not be considered.
Does imprisonment meet the aims of public protection?
It takes offenders out of circulation and prevents harm to the public. Offenders are kept off the streets, and some policies keep prisoners in prison indefinitely because they are a danger. Sentences can also ensure that prisoners are kept on licence when released.
Yet, in jail, offenders can still harm themselves, other inmates, and staff, and this is very costly. Also, the public can be put in danger once offenders are released, as they may have learnt more: social learning theory, universities of crime.
Does imprisonment meet the aims of reparation?
Under the Prisoners’ Earnings Act 2011, prisoners who are permitted to work out of prison may be made to pay a portion of the wages they earn to the cost of victim support services. This forces them to take responsibility for their actions.
However, very few are ever given this opportunity, so prison does little to meet this aim.
Does prison meet the aims of rehabilitation?
Prisons have a poor record of reducing reoffending; around 50% of prisoners reoffend within a year, and this is higher if they served a shorter sentence.
Education and training programmes are limited, failing to prepare them for a crime-free life. Over half of prisoners do not have adequate literacy skills, and only a 1/4 have a job to return to upon release. Many programmes that address behaviour are also limited.
What is a community sentence?
These are sentences imposed when the offence is too serious for a fine but not serious enough for prison. A community order will place requirements on offenders such as attending treatment, meeting with a probation officer, and finishing 40-300 hours of community payback.
This may include cleaning the streets, or decorating public buildings, etc…
What aims of sentencing do community sentences apply to?
- Retribution
- Reparation
- Public protection
- Rehabilitation
Do community sentences meet the aims of retribution?
All community sentences must include an element of punishment. For example, restricting their movement with a curfew, and public shaming through unpaid labour as they wear high-visibility vests
Do community sentences meet the aims of reparation?
Unpaid work means that offenders repair the damage they dealt to property and the community by completing tasks such as clearing litter, etc..
Do community sentences meet the aims of public protection?
Community sentences do not incapacitate offenders, but they do place restrictions on what offenders can and can’t do. Also, any breach of their sentence will result in imprisonment for the offender.
Do community sentences meet the aims of rehabilitation?
Community sentences include orders that will address issues like drug addiction, and they can address needs like homelessness and unemployment in offenders.
Studies shows that a community sentence is more effective at reducing re-offending than a short prison sentence:
- 34% reoffend a year after a community sentence vs 64% after a prison sentence of less than 12 months
Yet, the number of community orders given out has dropped. From 2007-2020 community orders fell from 14% to 7%
What is a fine?
Fines are financial penalties for offending given for less serious offences, and often handed out in a magistrates’ court. Yet, a lot of serious offences also get fines.
The size of a fine is determined by:
- The type offences, as the law lays out the maximum possible fines for different crimes
- Circumstances, as the sentencing guidelines offer ranges in size based on facts like if its a first offence, the amount of harm done, etc…
- Ability to pay, as instalments or a smaller fine can be offered
- What court plays a role as magistrates can only impose a max of £5000 for a single offence
What aims of sentencing do fines apply to?
- Retribution
- Detterence
Do fines meet the aims of retribution?
Yes, taking away money from an offender and forcing them to pay for harm done is a good form of punishment for their offence.
However, many fines are unpaid and written off as “uncollectible”.
Do fines meet the aims of deterrence?
A fine can make offenders reluctant to re-offend. It is a common way of discouraging any first-time offenders because it signals what could follow if they continue.
However, many fines are left unpaid and written off as “uncollectible”.
What are the two types of discharges a defendant can receive?
- Conditional
- Absolute/ unconditional
