‘Non custodial sentences are the most effective method of dealing with crime’ Flashcards
CPOs
P - One example of non custodial sentences are Community Payback Orders (CPOs)
E - sentence in community unpaid work eg gritting, cleaning beaches or removing graffiti. typically between 6 months and 3 years. allow for direct payback and reparation to the community that is inescapably damaged by crime to some extent -
example?
explain - Furthermore, CPOs offer further rehabilitative options as well as punishing criminals; for example a CPO may contain a number of different requirements including mental health treatment requirements and drug treatment requirements (if the offender is drug dependent or susceptible to drug abuse).
high engagement rates ; out of a total of 17,965 terminations of CPOs in 2017-2018, 12,112 were terminated because they had successfully completed their order or received an early discharge, and only 3,049 were revoked following a breach application to the courts (where the offender had failed to meet the requirements of their order). CPOs reoffending rate 32.1% in the 2012-13 cohort in Scotland by disposal, compared to prison’s 43.3%.
CPOs
R - However, some perceive CPOs as ‘soft justice’.
e - As offenders are able to remain in the community and continue their lives with relative normality, many believe the punishment is not harsh enough
example?
L - Overall, despite some degree of public disapproval, CPOs are at large a very effective way of dealing with crime, and show evidence of being more successful than custodial sentences such as prison. However, the need for prison cannot be wholly discounted as it is important for dealing with more serious level offenders.
YouGov survey shows that 65% of British people think that the sentences courts give out to criminals are not harsh enough. This public opinion differs from those of other countries, for example 66% of Canadians thought that community-based responses to crime would result in greater efficiency in the justice system.
PRISON
P - The custodial sentence of prison is often viewed as an essential pillar of the criminal justice system, and it punishes criminals by taking away their freedom and certain rights.
e - Prison allows for a sense of safety in communities by keeping criminals off the streets,
example?
e - This suggests there could possibly be a link to the effectiveness of prisons, with the more people being incarcerated leading to a reduction in crime, however this is not a definitive link as this could be due to many other factors such as better policing and crime prevention.
example?
e - Another advantage of prison is the sense of justice that it provides for victims of crime and their families.
e - 47% UK population still feel crime is one of the country’s most important issues. Scotland some of the highest incarceration rates in Europe, prison population has increased in every year of this century, for example steady rise average daily prison population from April 2018 - March 2019 from approximately 7,500 to 8,200 prisoners. Simultaneously decrease in crime rates, this can be seen when the 2021-22 crimes recorded by the police in Scotland decreased by 4% from 2020-21.
e - International comparators also decrease the reliability of this trend as Switzerland has an incarceration rate of 72.9 people per 100,000 of the population, compared to Scotland’s 134.9 per 100,000, yet Switzerland has one of the lowest crime rates in Europe and Scotland one of the highest.
PRISON
R - However, prison has many downsides.
example?
e - This highlights that for more minor offenders custodial sentences are not the most effective and non custodial sentences would produce better outcomes
example?
e - There are some rehabilitative measures in prison, for example prisons offer educational and vocational training as well as behaviour programmes, however just under a third of prisoners are attending these classes.
example?
L - Therefore custodial sentences, such as prison, have an extensive list of disadvantages and high costs and reoffending rates in comparison to non custodial sentences and consequently non custodial sentences are the most effective method of dealing with crime.
e - Many serving short sentences, 57% of the prison population being made up of low level offenders serving three months or less, the recidivism rates for these offenders in particular are very high with 74% of offenders serving short sentences committing another crime within two years.
It is not only short sentences that observe considerable reoffending rates with 25.6% of offenders released from custody in England and Wales going on to reoffend as of 2020/21. 44% of criminals released from prison returning to prison within a year in the USA. rates are important when considering the extensive costs of prison sentences with the average cost of a prison place in England and Wales in 2020/21 being £48,162 a year, whereas a Community Payback Order only cost £1,894 per year in Scotland.
e - Additionally these classes don’t work if the prison is facing overcrowding, which the majority are, with 71 prisons (61% of the estate) being overcrowded in England and Wales as of February 2015.
DTTOs
P - Another example of non custodial sentences are Drug Testing Treatment Orders (DTTO).
e - DTTOs were introduced in the UK in 1998, and the aim and focus is on treatment for drug problems as a way of reducing drug related offences, such as stealing to fund a drug habit. These people may have otherwise received a custodial sentence, as DTTOs can be issued for any crime except murder if the court deems that a DTTO is a more appropriate sentencing. DTTOs are between 6 months and 3 years and must include a treatment requirement, which entails a qualified person supervising the offender’s treatment, and a testing requirement, where the offender must undergo regular drug testing.
example?
e - This highlights DTTOs can be very beneficial and effective given the criminal histories and long-standing drug problems of those sentenced DTTOs, a chance for reform that would arguably not be as accessible in prison. Moreover, DTTOs are economically efficient in comparison to custodial sentences;
example?
e - evidence successful in reducing criminal behaviour, almost half of those who completed their orders had no further convictions within two years according to a 2004 Scottish Executive Social Research report. percentage of people on DTTOs convicted in the two-year period after being placed on a DTTO was lower than the percentage convicted in the two years before.
e - the cost of an average length DTTO in Scotland was estimated to be £9,129 per year whereas the average cost of a six-month prison sentence was estimated to be £7,029.
DTTOs
R - However, DTTOs are unsuccessful for many offenders, reducing their effectiveness.
example?
L - Therefore, non custodial sentences can largely be considered the most effective method of dealing with crime, more so than custodial sentences.
Reconviction rates remain relatively high 41% of those given DTTOs were reconvicted within 12 months and 66% within 24 months of the order being made. Figures worse in recent times with a 40% successful completion rate for drug treatment and testing orders in 2017-18 - the lowest in the last seven years. As well as reoffending rates of drug usage were also significant, with a study of DTTOs in England and Wales noting that after 12 months on DTTOs, 70% of participants tested positive for opiates (heroin).
PREVENTITATIVE - SVRU
P - One successful preventitive response to crime is the Scottish violence reduction unit.
e - part of police scotland, funded directly by the Scottish Government annual budget around £1million. Work closely with collegues across health education social work housing etc. addresses cause of violence
example?
other example?
e - founded 2005 by Strathclyde Police, that year Scotland was the most violent countryin the developed world with 137 homicides in 1 year, 41 in Glasgow alone. WHO report branded Glasgow “murder capital” of Europe. Since then Scotland has had a 35% reduction in homicides between 2011 and 2019/20. Glasgow accounted for 41% of that fall.
e - preventitve measures such as the SVRU are also effective because up to 40% of all public spending is accounted for by interventions that could have been avoided using a preventative approach to crime.
e - Preventative violence reduction can be seen in other countries also such as The Violence Reduction Strategy (VRS), an initiative of the Chicago Police Department (CPD) in the USA
PREVENTITATIVE - MUP
R - However not all preventative responses to crime are effective, such as minimum unit pricing
e - miminum unit pricing set a base price of 50p per unit of alcohol
example?
Jon Bannister, professor of criminology at Manchester Metroploitan Uni said “Whilst off - trade alcohol sales in Scotland felll following the introduction of MUP, this study finds that the redcution in sales had minimal impact on the levels of alcohol related crime, disorder and public nuisance”
