Topic 4: Punishment in Society

Question 1

Proportionality- what does it mean in relation to retribution?

Answer 1

The idea that punishment should fit the crime - ‘an eye for an eye’. The CJS do this through the use of mandatory and discretionary based sentences.

Question 2

What do judges use to determine a proportionate sentence for a crime?

Answer 2

Tariffs (with guidance from the sentencing council).

Question 3

When was the death penalty abolished in the UK?

Answer 3

1964

Question 4

Give 2 points ‘for’ the death penalty

Answer 4

Provides deterrence against particularly violent crimes

Cost- it costs the state a lot of money to keep prisoners alive in prison (less prisoners, less money)

Question 5

Give 2 points ‘against’ the death penalty

Answer 5

It is an inhumane approach to justice- unfair and unjust

Eliminates the chance for rehabilitation

Question 6

Which aims use imprisonment as a form of punishment?

Answer 6

All 5 (retribution, rehabilitation, deterrence, reparation and incapacitation)

Question 7

How does retribution use imprisonment as a form of punishment? (3 points)

Answer 7

Takes away an individual’s liberty
Living conditions are not great (food and hygiene)
A sentence length makes it difficult to determine whether the punishment is proportionate to the crime.

Question 8

How does deterrence use imprisonment as a form of punishment? (3 points)

Answer 8

For most people, the threat of going to prison is enough to deter people from committing crime (general deterrence)
50% of people who have served time in prison continue to reoffend after release
Prisons are only effective if people are thinking rationally when committing a crime, and people are actually scared about prison life.

Question 9

How does rehabilitation use imprisonment as a form of punishment? (3 points)

Answer 9

Prisons offer several rehabilitation programmes, especially training and resettlement prisons. These include: jobs in prison, day releases for work and training, counselling and anger management programmes etc.
Sentences are often too short for rehabilitation to be effective and prisons don’t have the resources or opportunities.

Question 10

How does incapacitation use imprisonment as a form of punishment? (3 points)

Answer 10

Prison is used to literally incapacitate (restrict) offenders from offending further crimes
Sentences give the courts the power to keep people off the street
Consider ‘universities of crime’ are they effective?

Question 11

How does reparation use imprisonment as a form of punishment? (2 points)

Answer 11

Under the Prisoners’ Earning Act 2011, prisoners can be allowed to work outside of prisons
They are made to pay a percentage of their earnings to the cost of victim support services

Question 12

How does retribution use community sentences as a form of punishment? (3 points)

Answer 12

Open punishment- you are not hidden away
Named and shamed- literally having to wear a hi-vis jacket
Take away elements of freedom- forced into unpaid work and have to meet curfews

Question 13

How does rehabilitation use community sentences as a form of punishment? (3 points)

Answer 13

Offer opportunities for for anger management and alcohol and drug addiction rehab, and training for further job prospects
Recidivism rates are lower from community sentences than imprisonment (34% within a year)
Less likely a chance that offenders will get involved in the ‘university of crime’

Question 14

How does reparation use community sentences as a form of punishment? (3 points)

Answer 14

Involves offenders paying back their debt to society, and not just through money
May be expected to repair self-inflicted damage
Paying reparations to the community in which you live, i.e. cleaning up graffiti, litter picking etc.

Question 15

How does deterrence use fines as a form of punishment? (3 points)

Answer 15

If you’re aware of the maximum fine before committing an act, you may be deterred from committing it
Fines hit people with money (most important)
A major warning for people as the next offence is often more serious

Question 16

How does retribution use fines as a form of punishment? (2 points)

Answer 16

Fines hit people with money

Having to pay a fine is often quite stressful and therefore makes a person suffer for their actions

Question 17

How does reparation use fines as a form of punishment? (3 points)

Answer 17

A fine being paid is literally a reparation to society
Fine gets paid to the CJS which then gets invested back into different agencies
Fines are not the same as victim compensation- if the victim deserves compensation this will be dealt with separately (a reparation)

Question 18

How does deterrence use discharges as a form of punishment? (3 points)

Answer 18

A discharge is an effective way of deterring future crime as the offender may be shaken up by the process of going to court
Offence probably wasn’t serious and offender has shown remorse- meaning that they are deterred from doing it again

Question 19

What are the four types of prison sentence?

Answer 19

Determinate
Life
Indeterminate
Suspended

Question 20

What is a determinate sentence?

Answer 20

A sentence with a fixed length, but not all of it has to be served, if a sentence is over 12 months they usually serve half in prison and the other half on-license.

Question 21

What is a life sentence?

Answer 21

A life sentence is a sentence for life- at the very least you will be on probation for the rest of your life. Certain serious offences will have a mandatory life sentence attached. A judge will set a minimum amount of time before an offender can be considered for parole, but there is no automatic right of release.

Question 22

What is an indeterminate sentence?

Answer 22

When a judge does not have to give a set amount of time the convicted will spend in prison. They set a minimum, but they are not guaranteed release at that point. They are used for serious offences.

Question 23

What is a suspended sentence?

Answer 23

When someone is given a prison sentence, which if served in prison would be less than a year but they don’t have to go to prison. They serve the sentence on-license and will be sent back to prison if they breach the conditions or reoffend.

Question 24

What is a community sentence?

Answer 24

A sentence whereby an offender is required to perform community service.

Question 25

What is a fine?

Answer 25

Fines are simply a financial penalty for committing a crime. How big the fine is depends on the offence, circumstances of the crime and the ability to pay.

Question 26

What is a discharge?

Answer 26

A discharge is technically a sentence, however it is not a criminal conviction and does not result in a criminal record. It is mostly used for minor offences.

Question 27

What are the two types of discharges?

Answer 27

Conditional and absolute

Question 28

What is a conditional discharge?

Answer 28

Offenders will not be punished unless they commit another offence within the set period. If they commit another offence, they recieve a new sentence resulting in a criminal record.

Question 29

What is an absolute discharge?

Answer 29

An offender is still technically guilty, but they are not given any punishment or conditions. This is very rare and only used in situations where there is a particularly low level of culpability.

Question 30

What are the two main types of deterrence?

Answer 30

General and individual

Question 31

What is general deterrence?

Answer 31

Refers to the general aim of convincing the public not to commit crimes.

Question 32

What is individual deterrence?

Answer 32

Refers to the specific punishments you give someone to stop them re-offending.

Question 33

What 3 policies does rehabilitation include?

Answer 33

Education and training programmes
Anger management courses
Drug treatment and testing orders

Question 34

Define restorative justice

Answer 34

A form of punishment (which alongside other forms of punishment) places an offender into a scheme which brings them into contact with their victim (or relative of a victim). It is the idea that an offender will learn about the harm their actions have caused- this is rehabilitation for the offender and reparation for the victim.