Punishment in the Criminal Justice system

Question 1

What are the steps in the CJS process

Answer 1

1. Offence reported to police.
2. Police investigation.
3. Crown Prosecution Service decides on charges.
4. Plea or guilt determined.
5. Sentence is given.

Question 2

What are the roles of the following in the CJS?

Answer 2

• Police: Maintain peace and investigate offences.
• Crown Prosecutors: Decide if evidence is sufficient to prosecute and represent the case in court.
• Magistrates: Hear trials in magistrates’ court, often in panels of three.
• Judges: Handle cases in crown court.
• Defence Lawyers: Represent defendants.
• Probation Officers: Assess offenders, supervise community orders, and manage post-release licenses.
• Prison Officers: Ensure the security and welfare of prisoners.

Question 3

What are the five sentencing options, and what do they entail?

Answer 3

1. Conditional discharge: No sanction if the offender stays out of trouble during the discharge period.
2. Fine: Payment based on offence seriousness, to be paid within a set period.
3. Community sentence: Supervision by probation services with requirements like group programs, unpaid work, or residing in specific locations.
4. Suspended sentence: Prison sentence imposed but suspended if the offender avoids trouble for a defined period.
5. Custodial sentence:
   
   • Magistrates: Up to 12 months.
   • Judges: Longer sentences, including life imprisonment, for serious offences.

Question 4

What are the two main justifications for punishment?

Answer 4

1. Reductivism: Aims to reduce crime through deterrence, incapacitation, or reform/rehabilitation.
2. Retribution: Punishment as vengeance for a wrongful act; it is an end in itself.

Question 5

What is deterrence, and what are its two forms?

Answer 5

• Deterrence prevents crime through fear of punishment.
• Two forms:
  
  1. Individual/specific deterrence: Punishment discourages the individual from reoffending.
  2. General deterrence: Punishment serves as a warning to others.

Question 6

What are the three components required for deterrence to be effective?

Answer 6

1. Severity of the punishment.
2. Certainty of the punishment.
3. Swiftness of the punishment.

Question 7

Why is deterrence limited in effectiveness?

Answer 7

• People often live by moral codes.
• Social consequences (e.g., family disapproval) are more influential than formal sanctions.
• Offenders may be unaware of potential penalties.
• Assumes offending is a rational choice.

Question 8

What is an example of general deterrence sentencing?

Answer 8

• Case: Crown vs. Edward Woollard.
• Woollard, 18, with no prior offences, threw a fire extinguisher during a protest.
• Sentenced to 2 years and 8 months to send a clear deterrent message.
• Judge Rivlin: “If ever a case calls for a deterrent sentence, this is it.”

Question 9

What does incapacitation aim to achieve?

Answer 9

Prevent reoffending by physically restraining the offender through measures like:

• Death penalty.
• Disqualification from driving.
• Imprisonment.

Question 10

What are limitations of prison as a form of incapacitation?

Answer 10

• Assumes accurate targeting of potential reoffenders.
• Crime persists in prisons, with 31,568 assaults recorded.

Question 11

What is the goal of reform/rehabilitation in punishment?

Answer 11

To change the offender’s thinking, behavior, or character to reduce the likelihood of reoffending.