Topic 3: Aims and Forms of Punishment Flashcards
What is retribution based on?
Retribution is based on the idea that an offenders behaviour is deserving of punishment
What does retribution not seek to do?
Retribution does not seek to alter future behaviour
How is retribution achieved?
Retribution is achieved by giving harsher punishment for more severe crimes
What is the biblical expression that retribution is based on?
“An eye for an eye, a tooth for a tooth, a life for a life”
What is the most literal form of retribution?
the death penalty, “take a life, lose yours as the offender is getting their “just deserts”
What has happened to prison sentences for death by dangerous driving in the last 12 years?
The maximum prison sentence for causing death by dangerous driving increased in 1993 from 5 to 10 years and again to 14 years in the Criminal Justice Act 2003
What theory of criminality does retribution link to?
Right realism
What are the 5 types of prison sentence in the UK?
- mandatory
- discretionary
- fixed term
- indeterminate
- suspended
How does retribution work for mandatory life sentence for murder?
A mandatory life sentence applies to a murder conviction meaning 25 year term regardless of circumstance
How can being on licence be argued to be a form of retribution?
When released on licence individuals are subject to monitoring and restriction which can lead to returning to custody if broken. This is argued to be a form of retribution since the offenders quality of life has been taken away
What is pure retribution?
The US have the death penalty which is seen as pure retribution since it acts as revenge for the victim and deprives the offenders of their liberty
How is retribution achieved through community sentencing?
Retribution is achieved through community sentencing by combining punishment and acts in the community e.g. curfew / cleaning community
Why may society feel retribution isn’t achieved through community sentencing?
Society may feel as though retribution has not occurred since community sentences are less severe than prison sentences
What 2 factors do financial penalties depend on?
- Financial circumstances of the offender
- Seriousness of the offence
Why would it be harmful to the justice system if fines were demanded to be paid in full?
Demanding fines to be paid in full would be harming since it increases the chances of further crimes being committed. Allowing fines to be paid in installments acts as retribution since the offender is financially penalised for their conduct
What percentage of offenders recieve fines?
78%
Define rehabilitation
Rehabilitation is a forward looking aim with a hope to alter an offenders behaviour and reintroduce them into society
Why might rehabilitative sentences be controversial?
Rehabilitative sentences are controversial since it may appear that the offender is being rewarded for committing crimes and such sentences are expensive and require a lot of resources
How does rehabilitation link to right realism?
Rehabilitation links to right realism since it agrees that the offenders have a choice and should make a better choice
How does rehabilitation link to behaviour modification theory?
Rehabilitation links to behaviour modification such as anger management courses that focus techniques to extinguish undesirable behaviour and promote desirable behaviour
What type of prison sentence are most people given?
Most people are given a fixed term sentence meaning they know the amount of time they are serving
Explain how licensing works
Anyone given a sentence between 2 days and 2 years are released halfway through their sentence on license
What is each prisoner allocated and how does this show an attempt at rehabilitation?
Each prisoner is allocated a case manager and a custody plan designed to address their specific needs. This shows an attempt at rehabilitation since it is a way of planning and allowing the person to adjust into community work
Explain the reality of rehabilitation through statistics
Rehabilitation clearly doesn’t work as 48% of adults reoffended within 1 year of release. Increasing the 63% if the initial sentence was less than 1 year
Who do you report to when on a community sentence and how can this be argued to be rehabilitation?
Offenders are under the supervision of an offender manager working in the national probation service, this can be argued to be rehabilitative since they can help rehabilitate the offender through their expertise
How have community sentences been used since 2010?
Since 2010 the use of community sentences has been reduced by 66% and are used in 10% of criminal cases
How does rehabilitation through community sentencing compare to prison?
Community sentencing is 8.3% more effective at reducing reoffending rates
What Acts is deterrence based on?
Section 57 of the sentencing Act 2020 and Criminal Justice Act 2003
Define deterrence
Deterrence is an aim of punishment and based on the concept of fear
Define individual deterrence
Aims to stop reoffending
How is individual deterrence achieved through a suspended sentence?
Stops reoffending since offender risks being prosecuted for their offences
Define general deterrence
Deterred from committing crime by observing other criminal be punished for similar crimes
Why is the severity of punishment a factor in general deterrence?
Unless a crime has very severe punishment it is unlikely to get a lot of attention
How did London riots 2011 use general deterrence?
2 men were jailed for 4 years for disorder on Facebook despite no violence occurring from the post
Explain how suspended sentences are a form of deterrence?
The offender is allowed back into society but faces prison if they re offend
What statistics demonstrate that suspended sentences aren’t effective?
Suspended sentences are only used on 4% of cases and of these sentences 54% re offend
How do Community orders act as a deterrent?
Community orders act as a general deterrent since other criminal know they are likely to recieve a similar punishment. Community orders also act as individual deterrent since prison or fines are associated with failure to comply with
What percentage of offenders complete their community sentence?
70%
What is the main purpose of a fine?
The main purpose of a fine is to deter offenders and prevent re offences
What does failure to pay a fine result in?
Prison if a judge rules that the offender is deliberately not paying
What statistics from the telegraph and Daily Mail explain why fines aren’t a step bf form of deterrence?
Telegraph - £250,000 in fines written off
Daily Mail - 61% of fines written off or not paid
What is the difference between conditional discharge and absolute discharge?
Conditional discharge is when if a person reoffends within time period then they will be tried for both crimes whereas absolute discharge is when the offender is guilty but morally blameless so no penalty is imposed
How often is discharge used and when is conditional discharge used?
Discharge is used in 4% of cases.
Conditional discharge is used frequently for minor first time offences
Why are discharges a short term deterrent?
Discharge acts as a deterrent since further offences within a time period leads to the offender being tried for both offences
Explain the idea of Public Protection?
The idea of public protection is that punishment must serve as a useful purpose for society as a whole by protecting society from dangerous criminals
Give 4 examples of Public Protection
- Electronic tagging
- Imprisonment
- Voluntary castration
- Death penalty
How does Public Protection link to right realism?
A sentence is imposed to protect the public and there is an agreement that harsher sentences are required for more severe offences
How do indeterminate sentences achieve Public Protection?
No release date is set to protect the public. The parole board releases the offender when they believe they are no longer a threat to the public
What happened to indeterminate sentences in 2012?
Indeterminate sentences were abolished in 2012 but those serving these sentences remain in prison
How does the John Worboys case link to public protection?
Convicted rapist was set to be released as the parole board believed he was no longer a threat
How are indeterminate sentences absolute protection of the public and why is this controversial?
The offender can’t harm the public while imprisoned but indeterminate sentences can be seen as controversial since the liberty of the offender is removed
How do Curfews and electronic tagging protect the public?
Curfew - restricts time of day offender can spend with public
Electronic tagging - restricts offenders movement
Define reparation
Reparation involves compensating the victim of the crime, usually the offender pays the victim a sum of money
How does reparation work?
The offender can take part in restorative justice schemes if the victim wishes to do so; offering direct reparation face to face with the victim
How does reparation link to left realism?
Provides practical measures to reduce crime long term and create a more equal society
Define denunciation
The offender is publicly shamed which expresses disapproval of criminal activity
How is the use of Cigarettes an example of denunciation?
Smoking Cigarettes was once encouraged by doctors but now illegal in the work place and in the car with a minor present
How does Denunciation link to functionalism?
Clear boundaries are set out of what is acceptable in society and punishment reinforces this moral behaviour and encourages social cohesion
