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 any harm to the public. Offenders are kept off the streets and some stances keep prisoners in prison indefinitely because they are a danger, sentences can also ensure that prisoners are kept on licences when release.
Yet, in jail offenders can still cause harm to themselves, other inmates and staff, and this is ver costly to do. Also, the public can be put in danger once offender are released if they have learnt more: social learning theory, universities of crime.
