Unit 4 2.3- Aims of Punishment Application

Question 1

Imprisonment: Types of Sentencing

Answer 1

Life Sentences: The most serious punishment a UK court can give. There’s a mininum time that offenders must serve before they’re considered for release by a parole board. Mandatory life sentences must be given to offenders guilty of murder.
Indeterminate: There’s a mininum sentence that an offender must serve. However, after the time a parole board must consider if the offender is suitable for release. No automatic right to be released. As of 2012 seen as unlawful, but in 2019 still 2200 prisoners with indeterminate sentences.
Determinate: Sentences with a fixed length. If a sentence is under 12 months, offender normally released halfway. If sentence more than 12, first half in prison, half in community in licence. Offenders sentences to two years released on post-sentence spervision with regular meeting with a probation officer.
Suspended: Offender given a sentence but does not go directly to prison. Can be for up to 2 years. Set requirements must be met alongside no further offending.

Question 2

Imprisonment: Retribution

Answer 2

Idea that offending deseves to be punished and punishment should fit the crime. Prison punishes by taking away their freedom.
Difficult to say if imprisonments. Society disagrees about whether sentences are too long or too short.

Question 3

Imprisonment: Deterrence

Answer 3

Argued that risk of being sent to prison deters would be offenders from committing crime, and actual offenders from committing further crimes.
However high reviticism rates suggest prison is not an effective deterrent. Only works if the would-be offenders are capable of thinking and acting rationally. But many offences are under the influence of drugs, poor education or mental health issues.

Question 4

Imprisonment: Public Protection

Answer 4

Protects public by taking offenders out of circulation. Cannot harm public from prison, but can against other inmates and staff.
+Life sentences keep offenders permenantly of the streets. Indeterminatesentences can be kept in jauil as long as they are deemed a danger.
+Longer sentences make public rprotected for longer.
+Most offenders are released under supervision
-Prison can be seen as a school of crime, allowing for criminals to make connections and learn new skills. Means only temporary protection.
-Keeping prisoners is costly. Critics argue funds could be used in protecting the public in other ways

Question 5

Imprisonment: Reparation

Answer 5

Prisons who are permited to work, part of earnings go to pay for cost of victim support services.
However, few have the oppurtunity to work while imprisoned.

Question 6

Imprisonment: Rehabilitation

Answer 6

Prisons have a poor of record of reducing re-offending.
-48% prisoners reoffend within a year
-Sentences under 12 months rise to 64%
- 2019, 6789 recalled for breaching their licence

Short sentences do not allow adequte time to help long term problems like mental health and addiction.
Lack of funding leads to lack in education, training or meaningful work. Fewer than 400 a month get oppurtunity
Shortage of placess for courses such as anger management. Required for indetermminate prisoners to be released.

Question 7

Community Sentences: Types

Answer 7

Probation Officer supervision
40-300 hours of unpaid work
Curfew/ exclusion order
Residency requirement
Group programs e.g drunk drivers, anger management
Treatment for drug addiciton

Question 8

Community Sentences: Retribution

Answer 8

Element of punishment, restriction of movement, limits of freedom.
Wearing high vis vests for community payback, form of name and shame.

Question 9

Community Sentences: Reparation

Answer 9

Can include upaid work to repair damage to proprt, or to aa whole commiunity e.g removing graffiti

Question 10

Community Sentences: Public Protection

Answer 10

Do not lock up offencers, but breach of community sentences can lead to offender being set to prison.

Question 11

Community Sentences: Rehabilitation

Answer 11

Offenders have complex needs such as homelessness, drug misuse, mental health, unemployment and education.
E.g they can require offenders to undergo treatment for addiction.
More effectiving as rehab and prevent recidivism than short prison sentences. 34% vs 64%
Community orders have fell from 14% to 7% despite of this

Question 12

Fines: Types/Process

Answer 12

Finacial penalties, common in magistrates courts. Size depends on defence itself, circumstances of crime and offenders ability to pay.

Question 13

Fines: Retribuition, Deterrence, Failure to Pay

Answer 13

Retribution, hitting in pocket makes them suffer.
Deterrence, relucant to re-offend for fear of punishment. Signal for worse.
Failure to pay without good reason may face prison. Can deduct fines rom benefits or send bailiffs to seize property. However, many dont get paid, 2019 backlog of 623 mil.

Question 14

Discharges: Types

Answer 14

Conditional: No punished unless they commit another offenence in a set period. If breached, both offences are sentenced.
Unconditional: No penalty is imposed. Offender technically guilty but punishment is inappropriate.

Question 15

Discharges: Deterrence

Answer 15

Lowest level of punishment, acts as a warning to future conduct. Low rate of offending following a discharge. Good deterrence