Topic 3: Aims and Forms of Punishment

Question 1

What is retribution based on?

Answer 1

Retribution is based on the idea that an offenders behaviour is deserving of punishment

Question 2

What does retribution not seek to do?

Answer 2

Retribution does not seek to alter future behaviour

Question 3

How is retribution achieved?

Answer 3

Retribution is achieved by giving harsher punishment for more severe crimes

Question 4

What is the biblical expression that retribution is based on?

Answer 4

“An eye for an eye, a tooth for a tooth, a life for a life”

Question 5

What is the most literal form of retribution?

Answer 5

the death penalty, “take a life, lose yours as the offender is getting their “just deserts”

Question 6

What has happened to prison sentences for death by dangerous driving in the last 12 years?

Answer 6

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

Question 7

What theory of criminality does retribution link to?

Answer 7

Right realism

Question 8

What are the 5 types of prison sentence in the UK?

Answer 8

• mandatory
• discretionary
• fixed term
• indeterminate
• suspended

Question 9

How does retribution work for mandatory life sentence for murder?

Answer 9

A mandatory life sentence applies to a murder conviction meaning 25 year term regardless of circumstance

Question 10

How can being on licence be argued to be a form of retribution?

Answer 10

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

Question 11

What is pure retribution?

Answer 11

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

Question 12

How is retribution achieved through community sentencing?

Answer 12

Retribution is achieved through community sentencing by combining punishment and acts in the community e.g. curfew / cleaning community

Question 13

Why may society feel retribution isn’t achieved through community sentencing?

Answer 13

Society may feel as though retribution has not occurred since community sentences are less severe than prison sentences

Question 14

What 2 factors do financial penalties depend on?

Answer 14

1. Financial circumstances of the offender
2. Seriousness of the offence

Question 15

Why would it be harmful to the justice system if fines were demanded to be paid in full?

Answer 15

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

Question 16

What percentage of offenders recieve fines?

Answer 16

78%

Question 17

Define rehabilitation

Answer 17

Rehabilitation is a forward looking aim with a hope to alter an offenders behaviour and reintroduce them into society

Question 18

Why might rehabilitative sentences be controversial?

Answer 18

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

Question 19

How does rehabilitation link to right realism?

Answer 19

Rehabilitation links to right realism since it agrees that the offenders have a choice and should make a better choice

Question 20

How does rehabilitation link to behaviour modification theory?

Answer 20

Rehabilitation links to behaviour modification such as anger management courses that focus techniques to extinguish undesirable behaviour and promote desirable behaviour

Question 21

What type of prison sentence are most people given?

Answer 21

Most people are given a fixed term sentence meaning they know the amount of time they are serving

Question 22

Explain how licensing works

Answer 22

Anyone given a sentence between 2 days and 2 years are released halfway through their sentence on license

Question 23

What is each prisoner allocated and how does this show an attempt at rehabilitation?

Answer 23

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

Question 24

Explain the reality of rehabilitation through statistics

Answer 24

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

Question 25

Who do you report to when on a community sentence and how can this be argued to be rehabilitation?

Answer 25

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

Question 26

How have community sentences been used since 2010?

Answer 26

Since 2010 the use of community sentences has been reduced by 66% and are used in 10% of criminal cases

Question 27

How does rehabilitation through community sentencing compare to prison?

Answer 27

Community sentencing is 8.3% more effective at reducing reoffending rates

Question 28

What Acts is deterrence based on?

Answer 28

Section 57 of the sentencing Act 2020 and Criminal Justice Act 2003

Question 29

Define deterrence

Answer 29

Deterrence is an aim of punishment and based on the concept of fear

Question 30

Define individual deterrence

Answer 30

Aims to stop reoffending

Question 31

How is individual deterrence achieved through a suspended sentence?

Answer 31

Stops reoffending since offender risks being prosecuted for their offences

Question 32

Define general deterrence

Answer 32

Deterred from committing crime by observing other criminal be punished for similar crimes

Question 33

Why is the severity of punishment a factor in general deterrence?

Answer 33

Unless a crime has very severe punishment it is unlikely to get a lot of attention

Question 34

How did London riots 2011 use general deterrence?

Answer 34

2 men were jailed for 4 years for disorder on Facebook despite no violence occurring from the post

Question 35

Explain how suspended sentences are a form of deterrence?

Answer 35

The offender is allowed back into society but faces prison if they re offend

Question 36

What statistics demonstrate that suspended sentences aren’t effective?

Answer 36

Suspended sentences are only used on 4% of cases and of these sentences 54% re offend

Question 37

How do Community orders act as a deterrent?

Answer 37

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

Question 38

What percentage of offenders complete their community sentence?

Answer 38

70%

Question 39

What is the main purpose of a fine?

Answer 39

The main purpose of a fine is to deter offenders and prevent re offences

Question 40

What does failure to pay a fine result in?

Answer 40

Prison if a judge rules that the offender is deliberately not paying

Question 41

What statistics from the telegraph and Daily Mail explain why fines aren’t a step bf form of deterrence?

Answer 41

Telegraph - £250,000 in fines written off Daily Mail - 61% of fines written off or not paid

Question 42

What is the difference between conditional discharge and absolute discharge?

Answer 42

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

Question 43

How often is discharge used and when is conditional discharge used?

Answer 43

Discharge is used in 4% of cases. Conditional discharge is used frequently for minor first time offences

Question 44

Why are discharges a short term deterrent?

Answer 44

Discharge acts as a deterrent since further offences within a time period leads to the offender being tried for both offences

Question 45

Explain the idea of Public Protection?

Answer 45

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

Question 46

Give 4 examples of Public Protection

Answer 46

1. Electronic tagging 2. Imprisonment 3. Voluntary castration 4. Death penalty

Question 47

How does Public Protection link to right realism?

Answer 47

A sentence is imposed to protect the public and there is an agreement that harsher sentences are required for more severe offences

Question 48

How do indeterminate sentences achieve Public Protection?

Answer 48

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

Question 49

What happened to indeterminate sentences in 2012?

Answer 49

Indeterminate sentences were abolished in 2012 but those serving these sentences remain in prison

Question 50

How does the John Worboys case link to public protection?

Answer 50

Convicted rapist was set to be released as the parole board believed he was no longer a threat

Question 51

How are indeterminate sentences absolute protection of the public and why is this controversial?

Answer 51

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

Question 52

How do Curfews and electronic tagging protect the public?

Answer 52

Curfew - restricts time of day offender can spend with public Electronic tagging - restricts offenders movement

Question 53

Define reparation

Answer 53

Reparation involves compensating the victim of the crime, usually the offender pays the victim a sum of money

Question 54

How does reparation work?

Answer 54

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

Question 55

How does reparation link to left realism?

Answer 55

Provides practical measures to reduce crime long term and create a more equal society

Question 56

Define denunciation

Answer 56

The offender is publicly shamed which expresses disapproval of criminal activity

Question 57

How is the use of Cigarettes an example of denunciation?

Answer 57

Smoking Cigarettes was once encouraged by doctors but now illegal in the work place and in the car with a minor present

Question 58

How does Denunciation link to functionalism?

Answer 58

Clear boundaries are set out of what is acceptable in society and punishment reinforces this moral behaviour and encourages social cohesion