Sentencing-Ad & Dis Flashcards
Advantages of Custodial Sentences 1
-Protection of the Public
Cause: Whole life tariffs mean that the most dangerous offenders are detained in prison until they die. Mandatory life sentences also mean that even when an offender is released by the parole board if they reoffend they will be taken back into custody. Under the Legal Aid and Punishment of Offenders Act 2012, extended sentences also mean that the most dangerous offenders or those convicted of violent offences are detained in prison for longer than the normal fixed term and their licence period after prison can be extended. This means that dangerous offenders are monitored in society for longer.
Example: Whole life tariff – Mark Bridges or Adebolajo or Thomas Mair
Consequence: Whole life tariffs provide the ultimate protection for the public. The tariff system and the extended sentences again mean that the most dangerous offenders are not present in society for long periods of time and have to convince the parole board that they are safe to be released.
Advantages of Custodial Sentences 2
-Acts as a Deterrent
Cause: Very few people want to have their liberty taken away and so the threat of a custodial sentence stops people from committing serious offences. This is known as a general deterrence.If an offender has to spend time in prison, this is generally not a pleasant experience and so this may stop that offender from reoffending. This is known as an individual deterrence. The stigma and consequences of serving a prison sentence can also act as a deterrent. Family and employers will know that a person has committed a serious offence. The offender is likely to lose his job and possibly his home.
Example: The longer the custodial sentence, the less likely offenders are to reoffend. About 60% of offenders who served less than 12 months reoffend compared to 34% of longer serving offenders. So long sentences are more effective.
Consequence: The idea of having to serve a prison sentence and the consequences are likely to dissuade many reasonable people from committing criminal offences. Perhaps if custodial sentences were imposed for persistent speeding drivers, there may be less fast driving.
Advantages of Custodial Sentences 3
-Provides justice to Victims families
Cause: A criticism of the criminal system is that often the victim and the victim’s family are forgotten in the process. By seeing the offender having to serve a prison sentence helps the victim and the victim’s family to come to terms with what has occurred as they feel justice as been done. Retribution has taken place. In cases where the victim has been in fear of the offender, a custodial sentence provides some relief and security.
Example: R v Mair – the political killing of Jo Cox MP.
Consequence: Custodial sentences mean that victims and families can get on with their lives, knowing that the offender is being punished. In the Mair case the victim’s family and other fellow MPs felt a sense of justice and relief that Thomas Mair will be in custody until he dies.
Disadvantages of Custodial Sentences 1
-Does not protect the public
Cause: Early release rules generally mean that offenders will be released after serving half of their original fixed term. This means that the amount of time the public are protected is limited. In prison an offender will often lose touch with family and friends. He will lose his job and often his home. Upon release therefore the offender is very vulnerable and will often reoffend very quickly.
Example: Approx 60% of offenders serving a short prison sentence (12 months or less) will reoffend. (Govt statistics) and often commit more serious offences.
Consequence: Although in the short term putting offenders in prison protects the public, in the long term the high percentage of reoffenders means that the risk of the public suffering harm either personally or to property is increased.
Disadvantages of Custodial Sentences 2
-Does not act as a deterrent
Cause: There are 2 types of deterrent, general and individual. Serious crimes such as murder and manslaughter are often committed by relatives and are ‘crimes of passion’. It is unlikely in these situations that the prospect of a custodial sentence is a consideration at all when committing the offence. Similarly a lot of property offences, eg theft and burglary are committed by drug addicts who are more concerned with getting money to fund their habit than thinking about the possibility of a prison sentence if they are arrested.
Example: In a report by the Office for National Statistics 2017, 44% of women are killed by their partners or ex partners. It is estimated that approx. 80% of burglaries are committed by drug / drink addicts.
Consequence: The threat of a custodial sentence has little impact on many offenders and therefore does not act as a deterrent either generally or individually.
Disadvantages of Custodial Sentences 3
-Contrary to human rights
Cause: The mandatory life sentence and in particular the whole life tariff has been strongly criticised by some as going against human rights. To decide that an offender has to stay in prison until he dies with no prospect of ever being released may be regarded as unfair. It is not giving any incentive for the offender to reform, simply punishing them in the most severe way. The use of custodial sentences also means that prisons in the UK are overpopulated and this leads to the rights to exercise and education being withdrawn.
Example: The Howard League for Penal Reform asked Parliament in 2016 to make a ‘faint hope’ law to give offenders some hope of release if they made ‘exceptional efforts’ to reform. This would also have the benefit of saving taxpayers money.
Consequence: By taking away any prospect of release for ‘whole lifers’ and by withdrawing rights of prisoners to a reasonable existence due to overcrowding, it can be argued that we are not acting as a civilised society should.
Advantages of Community Sentences 1
-Protects the public
Cause: By punishing the offender within the community means that the offender can carry on working, continue living at home and be with family and friends. This is more likely to stop D from reoffending as he has a support network. Many offenders commit offences to fund their drug / drink habit. Community orders with rehabilitation programmes mean that the underlying cause of the offending is addressed, thereby reducing the amount of future offending.
Example: Approx 80% of people arrested for criminal offences are drug addicts (Report from UK Drug Policy Commission)( This is why there are so many problems in prison.
Consequence: By keeping offenders with a support network and addressing the causes of their offending can lead to a reduction in the levels of reoffending, thereby making it safer for the general public.
Advantages of Community Sentences 2
-Provides reparation to Society
Cause: A requirement to do unpaid work for the community can be attached to a community order. This means that an offender can pay back society for breaking its rules by carrying out necessary work, eg picking up litter to help the environment or gardening for an old person. Non payment of fines can also be replaced with an order that the offender carry out unpaid work. Sometimes offenders will continue with voluntary work they have completed the court order.
Example: An offender can be asked to remove graffiti from a wall in a public area thereby improving the environment for everyone.
Consequence: Society can benefit from the offence against it. A community sentence can make some offenders realise how their offending affects others and this helps to stop them reoffending.
Advantages of Community Sentences 3
-Provides money to be invested in the criminal system
Cause: provide extra funding for the criminal system. This reduces the tax burden on law abiding citizens. The victim surcharge introduced by LASPO (2012) means that every offender receiving a community sentence has to make a financial payment which is used to help fund organisations set up to support victims and witnesses, eg the Victim Support Scheme.
Example: Fines for motoring offences will be used in part for repairing roads.
Consequence: As the fines and surcharges are paid to the government, this provides significant amounts of funding which the government would otherwise have to raise by taxes. This benefits the public as a whole.
Disadvantages of Community Sentences 1
-Does not protect the public
Cause: By the offender being allowed to keep his liberty, this means that the offender is free to commit more offences if he wishes. Certain requirements that can be attached to a community order may limit the chances of reoffending, eg curfew and anger management programmes but the offender is still free in society to behave as he wishes. The offender may also think that the community sentence is a ‘soft option’ and not be a deterrent for reoffending.
Example: A community order requiring an offender to carry out unpaid work will only mean that 8 hours of every week is accounted for. A supervision order will be a few hours a week at most.
Consequence: The offender has a lot of time to reoffend if he wishes. As a community sentence may not act as a deterrent the public will suffer from further offences being committed.
Disadvantages of Community Sentences 2
-Does not provide justice for victims families
Cause: Victims and victim’s families will often find it very difficult if the offender is not given a custodial sentence. Not only may a victim feel unsafe but there may also be feelings of injustice, particularly if the victim has suffered harm, either physically, mentally or financially. It may also be difficult for the victim and family if the offender is still living in the locality. The victim may feel that it is he who is being punished as he feels restricted in what he can do.
Example: In a case where an offender has burgled an old person’s home, the victim is likely to be severely traumatised. This reaction will be made worse if the offender is allowed to be punished in the community
Consequence: This can lead to lack of public confidence in the criminal system. It can also occasionally result in people taking the law into their own hands
Disadvantages of Community Sentences 3
-The fine system is not an effective payment
Cause: Often fines are imposed on vulnerable offenders (eg drug addicts or unemployed) who do not have the money to pay fines. Although the court take into account the offenders’ financial situation, an order to pay £3 per week is too much for many offenders. This means that a lot of public money is spent trying to collect fines with unsuccessful results. The situation has improved to a degree now that offenders can be ordered to do unpaid work instead of paying their fine. If they fail to do this they are sent to prison.
Example: Public Accounts Committee in 2012 reported that there was approx. £2 billion owing in unpaid fines.
Consequence: A fine may not act as a deterrent if the offender know that little may be done to enforce payment. The lack of paid fines means that there is a lack of further investment in the criminal system, meaning less help for victims and witnesses.
