Unit 4 2.3

Question 1

What are the main aims of punishment in criminal justice

Answer 1

• retribution
• deterrence
• rehabilitation
• incapacitation
• reparation
• denunciation

Question 2

Forms of punishment- imprisonment aims

Answer 2

Incapacitation, deterrence, retribution
Imprisonment removes an offenders freedom preventing them from committing further crimes (Incapacitation) serving as a warning to theirs (general deterrence) and acting as a retribution for serious crimes.

Question 3

Forms of punishment- imprisonment strengths

Answer 3

• achieves the aims of protecting society
• anyone who has a sentence of less than two years is released on license having to conform to bail conditions and supervision. This helps the aim of rehabilitation to be achieved and hopefully stop reoffending occurring.

Question 4

Forms of punishment- imprisonment weaknesses

Answer 4

• there has been an increase in the number of people recalled to custody numbers have increased by nearly 1000 people
• the high rates of reoffending and high numbers of those being recalled to prison could show prisons do not rehabilitate individuals

Question 5

Forms of punishment- community orders aims

Answer 5

Rehabilitation, reparation and deterrence
Community orders are non-custodial sentences that allow offenders to stay in the community but under supervision . They may include unpaid work (reparation) or attendance at rehabilitation programs (rehab). The conditions attached can act as a deterrence.

Key aim to to try and break the cycle of reoffending by either reparation or rehabilitation. It’s popular as it gives them a chance to change their life path.

Helps offenders give back to society

Question 6

Forms of punishment- community orders strengths

Answer 6

-it combines the aims of punishment and repatriation with individuals being punished by working unpaid and also paying/giving back to society
-they are nearly 9% more effective at reducing one year reoffending rates compared to imprisonment

Question 7

Forms of punishment- community orders weaknesses

Answer 7

• in 2013 more than 3/4 of those sent to prison the previous year had already at least one community sentence
  -This suggests community sentences do not meet the aim of rehab fully plus it doesn’t always act as a deterrent to not commit further criminal activity

Question 8

Forms of punishment- fines aims

Answer 8

Reparation and deterrence
Fines require offenders to pay a monetary penalty serving as reparation to society and deterring future misconduct

It is a monetary charge by the court for a offence committed.

It’s usually given for summary offences and are the most popular offences given by courts

Question 9

Forms of punishment- fines strengths

Answer 9

• the main purpose is to provide deterrence and punishment for the offender financial punishment is given through the payment of a fine
  -Vines can be escalated if not paid possible prison time can be given for nonpayment of fines

Question 10

Forms of punishment- fines weaknesses

Answer 10

• many fines are written off at 61% if the offender cannot be traced, and there is no realistic chance of collection
• due to the figures finds are not an effective method of achieving retribution or deterrence. Furthermore, the threats of prison for failing to pay does not seem to have an impact.

Question 11

Forms of punishment- suspended sentence aims

Answer 11

Deterrence and rehabilitation
Offenders avoid immediate prison time, but must follow certain conditions . A suspended sentence serves as a deterrent since breaking the conditions results in imprisonment. It also allows offenders to engage in rehabilitation while avoiding prison.

Question 12

Forms of punishment- probation aims

Answer 12

Rehabilitation and deterrence
Probation allows offenders to remain in the community under supervision . it supports rehabilitation through structured programs while offering deterrence through the risk of prison if they fail to comply with conditions

Question 13

Forms of punishment- restorative justice aims

Answer 13

Reparation, rehabilitation and denunciation
This process brings together offenders and victims to repair harm and re-integrate offenders into society . it promotes rehabilitation and reparation and through its emphasis on accountability it reinforces societal denunciation of criminal behavior

Question 14

Forms of punishment- capital punishment aims

Answer 14

Retribution , deterrence and incapacitation
In countries where capital punishment is legal it serves as a form of retribution for the most severe crimes, deters potential offenders and ensures that the individual can no longer commit crimes (incapacitation).

Question 15

Discharges strengths

Answer 15

• it can be either conditional or absolute. Conditional is used frequently for first time minor offenses and it aims to stop reoffending and deterrence by having the caveats that if reoffending occurs a more severe punishment can be given
• absolute discharge is rare but is when no penalty is imposed. It’s the lowest level of punishment and a court believes the process and experience of being arrested is enough deterrence to ensure no further crimes are committed

Question 16

Discharges weaknesses

Answer 16

• it wouldn’t work for those who don’t respect the system as they would likely be back in court for reoffending

Question 17

Assessing how forms of punishment meet the aims- imprisonment

Answer 17

It is one of the most common and severe forms of punishment, it removes the offenders freedom, confining them to a prison for a set period however it effectiveness at achieving aims vary

Incapacitation- it’s highly effective for achieving this. By physically removing offenders from society imprisonment prevents them from committing further crimes while incarcerated. E.g. a serial offender jailed for 10 years can’t harm society during that time

Retribution- they serve this effectively too. The loss of freedom is served as a punishment for those who have committed serious crimes. E.g. a person convicted of armed robbery may be sentenced to a long prison term which is viewed as a proportional response to the severity of the crime

Deterrence- this effectiveness is more debated. While is serves as specific deterrent to the individual its less clear if it works as general deterrent. Studies have shown long prison sentences may not deter offenders.

Rehabilitation- it’s less effective in achieving this. Overcrowded prison conditions, lack of adequate mental health services and limited educational programs can hinder an offenders ability to reform. May offenders reenter society without the tools they need to live a law abiding life contributing to high reoffending rates. Programs such as therapy and vocational training may improve rehab outcomes but there not constantly available.

Reparation- it doesn’t serve its aim. Since offenders are confined they can’t compensate there victims or society directly. Some schemes allow prisoners to work and earn money to contribute to victims funds but these are limited

Denunciation- it fulfills its aims. It sends a clear message that society condemns certain behaviors such as violence or drug trafficking. A long prison sentence for violent offenders emphasizes societal disapproval of there actions.

Question 18

Assessing how forms of punishment meet the aims- fines

Answer 18

These are a punishment for minor offenses involving the payment of money as a penalty, there effectiveness varies.

Reparation- fines are effective in achieving this. They directly penalize offenders by requiring them to pay a sum of money which can be used to compensate victims or support public funds.

Deterrence- fines can serve as a deterrent for minor offenses especially when the financial penalty is significant compared to the offense. For example high fines for speeding can discourage individuals from breaking traffic laws, but for wealthier individuals fines may not act as a strong deterrent if the penalty is relatively insignificant to their income

Retribution- fines may serve as a form of retribution for minor crimes, where the loss of money is considered a fitting penalty. However, there may not be seen as an adequate form of retribution for more severe offenses.

Rehabilitation-fines do not serve rehabilitation purposes. Since they are financial penalties, they don’t address underlying issues related to offending such as addiction or unemployment.

Incapacitation- they do not serve incapacitation as offenders are not removed from society

Denunciation- fines contribute to denunciation by signaling that certain behaviors like littering or public disorder are an unacceptable. However, fines may not convey strong denunciation in cases of more severe crimes.

Question 19

Assessing how forms of punishment meet the aims- community orders

Answer 19

They are non custodial sentences that require offenders to complete unpaid work or attend rehabilitation programs while remaining in the community. They are typically used for low to mid level offenses.

Rehabilitation- community orders are effective at achieving rehabilitation. By requiring offenders to attend counseling, drug treatment or vocational training these orders aim to address the root causes criminal behavior, and help offenders reintegrate into society.

Reparation- they also meet the aim of reparation. Offenders may be required to perform unpaid work that benefits the community such as cleaning public spaces or working with local charities. This form of reparation helps repair the harm done to society.

Deterrence- while community orders may act as a specific deterrent for the individual offender they may not serve as a general deterrent for others as they are often seen as less severe than imprisonment. offenders may view community orders as a lighter punishment and not feel strongly from reoffending.

Retribution- they serve some element of retribution, but a genuinely seen as less punitive than imprisonment or fines. For minor offenses, the community service requirement or curfew can serve as a fair penalty.

Incapacitation- they do not directly provide incapacitation as offenders remain in the community. However, the structured supervision may reduce the opportunity to reoffend during the order.

Denunciation- they can contribute to denunciation particularly when the work done by the offender is visible to the community. However, as a non-custodial sentence, they may not provide as strong as denunciation message as imprisonment.

Question 20

Assessing how forms of punishment meet the aims- restorative justice

Answer 20

This is an alternative approach that focuses on repairing the harm caused by crime through dialogue between the offender and the victim. It’s less about retribution and more about reconciliation.

Reparation- its highly effective in achieving this. By bringing offenders face to face with their victims can encourage offenders to take responsibility for their actions and repair the harm they caused.

Rehabilitation- it serves the aim of rehab. Through meaningful dialogue offenders can gain insight into the impact of their actions which reduces the likelihood of reoffending. It promotes empathy and personal growth helping offenders reintegrate into society.

Deterrence- it may have limited success in achieving this. While the process can be emotionally impactful for the individual offender it’s not a highly visible punishment so may not serve as a strong general deterrent to others.

Retribution- it doesn’t align well with the aim of retribution. It is less punitive than traditional forms of punishment and focuses on dialogue and healing rather than punishment for punishments sake.

Incapacitation- it doesn’t achieve this. As offenders remain in the community and are not physically restricted.

Denunciation- although restorative justice may not provide a public demonstration of societal approval the process itself reinforces the denunciation of harmful actions by forcing offenders to confront the consequences of their crimes.

Question 21

Assessing how forms of punishment meet the aims- capital punishment

Answer 21

This is the most extreme form of punishment and used for most serious crimes in some countries.

Retribution- its highly effective in achieving this. It’s considered the ultimate punishment for heinous crimes such as murder as it matches the severity of the offense with the most extreme consequences- the loss of life.

Deterrence- the effectiveness of capital punishment as a deterrent is debated.some argue that the threat of execution deters people from committing crimes while others suggest there’s little evidence to support this. Studies from different countries show mixed results on whether it lowers crime rates.

Incapacitation- it is definitive in achieving this as it permanently removers the offenders ability to commit further crimes

Rehabilitation- capital punishment doesn’t achieve this. As it leaves no opportunity for the offender to reform or reintegrate into society.

Reparation- capital punishment doesn’t serve the aim of this. The offenders death does not compensate victims or repair the harm done

Denunciation- capital punishment serves as a strong form of denunciation sending a clear message that certain crimes are so abhorrent that they warrant the most severe penalty available.

Question 22

Explain the different factors the courts must take into account when deciding on the type of sentence

Answer 22

Before deciding the courts mist consider the mitigating and aggravating factors surrounding the incident

Criminal justice act 2003 guides us…

Aggravating factors- things making the offense more serious
- seriousness of offense
- was the offender on bail
- previous convictions for similar offenses
- was the offense racially motivated or any other type of hate crime
- was the offender in a position of trust
- vulnerability of victim

Mitigating factors- things making the offence less serious.
- did the offender plead guilty
- background issues
- remorse
- age
- first time offense
- out of character

Question 23

Imprisonment prison sentence

Answer 23

mandatory life sentences- is the only sentence available for murder if over 18. It ranges from full life term to 15 years.

Discretionary life sentence- this is available for other serious offenses but down to the discretion of judges.

Question 24

Discharge

Answer 24

This is the dismissal from courts

The key aim of this is deterrence.
- with first time offenders and young people it could be enough to prevent them from committing further offences.
- some have argued its not a strenuous enough sentence type for criminals who are impervious to the criminal justice sytem

There are 2 types…
Absolute- no penalty imposed and the offender is free to go
Conditional- the offender is free to go, on condition they don’t reoffend within a specified time set by magistrate