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Higher RMPS > Responses To Crime (UK) > Flashcards

Responses To Crime (UK) Flashcards

Non-Custodial: Fines, Suspended Sentences, CPO's + ASBOS Custodial: Prison Sentence, Life Inprisonment

1
Q

What is the first non-custodial response to crime in the UK?

A
  • Fines
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2
Q

What is a Fine?

A
  • Fines are the most common non-sentences used by Scottish courts as they’re used for lesser offences such as speeding, theft, or a breach of the peace.
  • The offender then needs to pay a certain amount of money towards the govt depending on the severity of the crime, which is announced in advance.
  • If the fine is not paid, the offender could be given a jail sentence.
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3
Q

What is the purpose of a Fine?

A
  • To deter others from committing the same crime or to deter someone from committing the same crime again.
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4
Q

What are the strengths of fines?

A
  • Causes minimal disruption to offender
  • Appropriate for minor offences
  • Cost effective punishment
  • Direct part of fine can be paid to victim
  • Money goes to society
  • Acts as deterrent for poor people
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5
Q

What are the weaknesses of fines?

A
  • People maybe unable to pay as they may not have enough money to.
  • Some people won’t pay the fine as it isn’t a real consequence as it is weak with little deterrent effect.
  • Doesn’t address the root of the problem, only puts a bandaid on it
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6
Q

What are the moral implications of fines?

A
  • Fines are an unequal punishment as it punishes the poor as they’d have to commit more crime to pay the money, but not the rich for the same crime, as they can pay it off or just ignore it, therefore worsening the causes of crime and continuing the cycle of economic inequalities.
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7
Q

What is the Christian Response towards Fines?

A
  • Would not support fines as it goes against the principle of protecting the weak and vulnerable as the punishment is not proportional.
  • However, they could support as it causes minimal disruption and gives the person a second chance - reforming them.
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8
Q

What is the second non-custodial response towards crime in the UK?

A
  • Suspended Sentence
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9
Q

What is a Suspended Sentence?

A
  • A Suspended Sentence is delaying a defendants sentence after they’ve been found guilty to perform a period of probation for the community, which can reform them and prevent re-offending in the future, they must meet certain conditions such as staying away from a certain place/person, and if these conditions are broken, they get sent to prison.
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10
Q

What are some statistics for Suspended Sentences?

A
  • 30th September 2019 - 41,000 suspended sentences across the UK.
  • Suspended sentences in Scotland is only 4%.
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11
Q

What is the purpose of a Suspended Sentence?

A
  • To reform the offender by giving them a chance to redeem themselves through payback work.
  • Should deter them from reoffending as it equals prison.
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12
Q

What are the strengths of a Suspended Sentence?

A
  • Reduces jail overcrowding
  • Prison goes onto criminal record and a suspended sentence gives them a real chance to reform.
  • Clear sanctions set if conditions are broken.
  • Jail sentences seen as last resort.
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13
Q

What are the weaknesses of a Suspended Sentence?

A
  • Criminals still on streets which doesn’t protect the community as they are free to commit more crime.
  • Victim may feel justice isn’t served.
  • Criminals may feel they’ve got off with the crime.
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14
Q

What are the Moral Implications of a Suspended Sentence?

A
  • As criminals are not sent to jail, society isn’t safe and victims may feel they may have to get their own justice through retribution as they feel the justice system has failed them
  • As well as this, it only worsens the crime cycle as they can still commit certain crimes whilst on this sentence, they just have to not get caught, which doesn’t help anyone feel safer and doesn’t address the root or crime.
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15
Q

What is the Christian Response towards Suspended Sentences?

A
  • Would support as it is demonstrating principles of love + forgiveness by giving criminals second chances and allows them to change their behaviour.
  • Society is protected as there are conditions criminals must abode by to stay in society.
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16
Q

What is the non-religious response towards Suspended Sentences?

A
  • Humanists would support as they were evidenced to be effective in stopping crime.
  • Logical approach to use sentences as a last resort, which reduces prison overcrowding and by giving a second chance, it reduces the chance of reoffending.
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17
Q

What is the third non-custodial response to crime?

A
  • Community Payback Orders (CPO’s)
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18
Q

What is a CPO?

A
  • A CPO is unpaid labour intended to be of social use, such as litter picking or tending an allotment, which an offender must do for a certain amount of hours given by the courts instead of going to prison.
  • The unpaid part is the punishment, which is aimed at non-profit charities and gives offenders a second chance to realise the consequences of their actions and change their behaviour.
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19
Q

What is the purpose of a CPO?

A
  • It provides the offender with an opportunity to payback the community for the damage their crimes have caused and to deal with the underlying causes of their behaviour
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20
Q

What are some statistics to do with CPO’s?

A
  • 1,190 orders issued in Fife.
  • In 2018-19, there were 17,834 orders issued in Scotland.
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21
Q

What are the strengths of a CPO?

A
  • Evokes responsibility, accountability and shame from the offender as they have to do it to not be in prison.
  • Addresses causes of crime as it attempts to deal with causes of behaviour.
  • Productive form of punishment which improves the local community, and links the service to the offence.
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22
Q

What are the weaknesses of a CPO?

A
  • No pay, worsens poverty then worsening the causes of crime.
  • Doesn’t penalise or deter offenders as they don’t take it seriously.
  • Expensive to tax-payer.
  • Social Stigma, affects relationships within community.
  • No guarantee job will done well or they’ll learn anything.
23
Q

What is the Moral Implications of a CPO?

A
  • People may argue that justice is not being served as there is no element of meaningful punishment therefore society isn’t protected as the offender could then reoffend from a disregard of the law.
  • Companies may not want criminals working for them, hurting any chance they had at reforming in the first place and due to this, resentment could build, leading to reoffending.
24
Q

What is the Christian Response to CPO’s?

A
  • Would support as they are seen as reformation as criminals are given opportunities to change e.g through employment, leading to positive improvement.
  • Society has been damaged through criminal acts, and giving them a second chance, we are treating others how we’d want to be treated, following the teachings of Jesus.
25
Q

What is the Humanist Response to CPOs?

A
  • Would reject if the evidence shows that criminals do not engage with the process - therefore it would be a waste of time and resources which could be spent elsewhere.
  • This doesn’t benefit the criminal or society.
26
Q

What is the final non-custodial response to crime?

A
  • Anti Social Behaviour Orders
27
Q

What is an ASBO?

A
  • An ASBO is a court order which was introduced in 1998 to stop anti-social behaviour. These can used for graffiti, drunken behaviour and playing loud music at night. This means you can’t go to certain places or see certain people, therefore reforming the person into a better individual.
28
Q

What is the purpose of an ASBO?

A
  • To deter people from having unacceptable behaviour and give people a second chance to reform and become better.
29
Q

What are the strengths of ASBOs?

A
  • Formal method of identifying unacceptable behaviour, as it teaches people what is right and wrong therefore people will think about how to behave - stopping crime.
  • No criminal record, doesn’t ruin lives at a young age.
  • Specifies the steps that parents must take to control their children
30
Q

What are the weaknesses of ASBOs?

A
  • Difficult to enforce, as it is made out to be a ‘Badge of Honour’, meaning they would rather do it again, as well as not being an actual punishment.
  • It doesn’t address the root of this behaviour, meaning they will return to doing the same thing, and it enforces stereotypes, not helping the problem.
  • Relies on public-reporting this behaviour to get an ASBO, people may not do this as it gives up time + and resources, + also the thought that police might not do anything.
31
Q

What are the Moral Implications of an ASBO?

A
  • An ASBO enforces stereotypes and leads to social stigma, making them feel like an outcast and not helping address the root of the problem.
  • As well as this ASBOs are not seen as a punishment, so this can lead to a rise in anti-social behaviour to impress peers or to test the boundaries of the system - not helping the problem.
32
Q

What is the Christian Response to ASBOs?

A
  • Would reject as a response to crime as it does not effectively embody the four purposes of punishment, also it does not support the principle of protecting the weak and vulnerable.
  • It also goes against the principle of ‘Love thy neighbour’ - doesn’t address why that person is behaving in a particular way or helps them; only points out their behaviour.
33
Q

What is the Humanist Response towards ABSOs?

A
  • Would reject as they are deemed to be the worst response to crime as they don’t do anything to reduce crime. There isn’t any evidence that they are beneficial, so how can we tell why people aren’t committing crimes?
34
Q

What is the first custodial response to crime?

A
  • Prison Sentence
35
Q

What is a Prison Sentence?

A
  • It is considered to be the final sanction society can impose for crime, these can be up to weeks or years depending on the severity of the crime.
  • You can be eligible for parole after a certain time but you have to be on good behaviour and not break prison rules.
36
Q

What is the purpose of prison sentences?

A
  • Retribution, your freedom is taken away from you as a result of your crime, and reformation, you can have this back if you become a better person.
  • Prisons can also rehabilitate, as the Scottish Prison Service’s motto is: “unlocking potential - transforming lives.”
37
Q

What is the Incentives and Earned Privileges Scheme?

A
  • If prisoners follow rules, they can get privileges, such as:
  • get more visits from family + friends
  • be allowed to spend more money each week
38
Q

What happens if a prisoner breaks the rules?

A
  • Kept in their cell for up to 21 days
  • Given up to 42 extra days in prison on top of their sentence
  • Prison can take away things e.g. TV in cell.
39
Q

What rights do prisoners have?

A
  • Protection from Bullying + Racial Harassment
  • Being able to contact a lawyer
  • Healthcare - including support for a mental health condition
  • 30 minutes outside each day
40
Q

What are the Scottish + UK statistics on prison sentences?

A
  • 85,000 prisoners in 160 prisons in the UK.
  • 8,000 prisoners in Scotland - having the highest imprisonment rate across Europe.
41
Q

What are the strengths of a prison sentence?

A
  • Should deter crime - the longer the sentence the greater the deterrent.
  • Society is safe from dangerous people as they cannot harm society when locked up.
  • Justice for those who follow the law.
  • Prison can rehabilitate offenders, following the main purpose of punishments, helping them to become better individuals when left - can do this through therapy, educational programmes etc.
42
Q

What are the weaknesses of a prison sentence?

A
  • Prisons are expensive to run (in 2013/14, the Scottish Government reported that prisons cost £264.1m), but can be used for other services.
  • Does not deter criminals as it gives them a long period to get angry at society and get better at their crimes, leading to reoffending when released - not attacking the causes of crime.
  • Prison can be an incentive to commit crime as it is better than being homeless.
43
Q

What are the moral implications of a prison sentence?

A
  • As there are high rates of reoffending after prison (1 in 4), this evidence suggests that prison’s don’t work in the aim of reforming people, therefore prison sentences are not effective.
  • As well as this, prisons are very overcrowded and have harsh conditions and it suggests that the longer prisoners are kept in prison, the more likely they are to suffer psychological damage, making them vulnerable when leaving prison.
44
Q

What is the Christian Response towards Prison Sentences?

A
  • As there is little fair treatment within prisons as the focus is not on reformation (unlocking potential, transforming lives), we are not giving people a chance to change, which is then not using Jesus as a role model and treating people the way he did, therefore breaking the principles of Christianity.
45
Q

What is the humanist response towards Prison Sentences?

A
  • Would not support as prisons aim to reform criminals but there is little evidence to suggest that they are effective in doing this as prisons are overcrowded and underfunded.
  • Some criminals are more likely to commit more crime when they’re out as they’re vulnerable as they’ve not been reformed like they should have, therefore defeating the purposes of punishment.
46
Q

What is the final custodial response to crime in the UK?

A
  • Life Imprisonment
47
Q

What is a Life Imprisonment sentence?

A
  • To stay in prison for the rest of your life if you’ve committed a very serious crime e.g. murder, rape, human trafficking, until a minimum time has been done.
48
Q

What is an OLR?

A
  • Order for Lifelong Restriction.
  • It is a lifelong sentence put in place to protect the public if a person is determined to be a serious threat to others: it can be imposed on people at the High Court.
  • They have to have a minimum time spent in prison before parole, and if they’re safe they can serve the rest of their sentence in the community under a criminal justice social worker.
48
Q

What is the statistic on Life Imprisonment?

A
  • In 2018, Scotland had 1000 ‘lifers’.
49
Q

What are the strengths of Life Imprisonment?

A
  • Removes any doubt for society that the offender can commit a crime - making them feel safer and have justice.
  • Punishments are scaled to the crime - worst crimes = the worst punishment.
  • Long period for the offender to engage in therapy and reformation which can cause change.
50
Q

What are the weaknesses of Life Imprisonment?

A
  • In prison forever, the criminal doesn’t learn the consequences of their actions as they can’t see the impact.
  • The longer the person is in prison, the more costs to the tax-payer where money could be spent elsewhere to eradicate the causes of crime.
  • More prisoners serving life = more prisons.
51
Q

What is the moral issue surrounding Life Imprisonment?

A
  • Prisons are for reforming, but the life sentence disregards any chance a person makes.
  • These sentenced can be damaging both physically and mentally, therefore they are cruel and inhumane.
  • No hope/release = criminal has no reason to reform/cooperate because nothing more can be done for them.
52
Q

What is the Christian Response to Life Imprisonment?

A
  • Would not support as it removes any chance of a second chance which goes against the principle of forgiveness and teachings of Jesus (Bible documents change of worst criminals, demonstrating people are capable of change)
53
Q

What is the Utilitarianism Response to Life Imprisonment?

A
  • Would support if they majority if society felt safer with criminals locked away for life, this demonstrates ‘the greatest good for he greatest number’.
  • It would so protect society as they cannot reoffend and any further harm as the criminal is not able to cause it.

Higher RMPS (17 decks)

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