Unit 4 AC2.2

Question 1

Why may the police and courts by more likely to put someone on a community sentence rather than a prison sentence

Answer 1

As a money saving stratergy
Try to achieve retribution from community sentences and they also do deter people from reoffending more than prison sentenced

Question 2

In 2023 how many offenders were sentenced to immediate custody

Answer 2

71,000 aprox

Question 3

In 2023 how many offenders were sentenced to community sentenced

Answer 3

70,000 aprox

Question 4

In 2021/22 how much did it cost for a prison place per year

Answer 4

£46,000 aprox

Question 5

Under S42 of the CJA 2003 what are the 5 aims of punishment

Answer 5

1) Punish the offender
2) Reducation of crime
3) Reform and rehabilitation of offender
4) Protections from the public
5) Reparation by offender to persons affected by their offences

Question 6

What are the 5 aims of punishment we look at in AC2.2

Answer 6

Retribution
Rehabilitation
Deterrance
Public Protection
Reparation

Question 7

What is retribution

Answer 7

Inflicting revenge on an offender as vengence
Allowing society to express moral outrage - they are entitled to revenge
Offender suffers for breaking societal moral code

Question 8

What is meant by proportionality as a part of retribution

Answer 8

The proportionality of punishment is relevant to the crime the offender did
‘Murders deserve the death penality’ ‘a life for a life’

Question 9

What is an example of proportionality and retribution within out CJS

Answer 9

Hate crimes carry a higher tarrif sentence
GBH = 7 years if racially motivated - originally 5 years

Question 10

Which two theoriest agree with the aim of retribution and why

Answer 10

RR - criminals should suffer for theor rational choice to commit crime
Functionalism - punishing offender is reinforcing bundary maintenance and social solidarity

Question 11

What are the three criticisms for the an aim of punishment being retribution

Answer 11

Argued that offenders deserve mercy and chance to amend behaviour
Fixed tarrifs even on remorseful offenders are unfair and no good comes from
How to decided the punishment equivalent to a crime?

Question 12

What is meant by the aim of punishment - Rehabilitation

Answer 12

Reform the offender and focus on making changes to behaviour rather than focusing on punishment

Question 13

What are some examples of Rehabilitation in or CJS (programmes)

Answer 13

Cognitive Behavioural Therapy
Anger management programmes
Gaining qualifications in prison before released into society
Drug and alcohol treatement plans

Question 14

Who is argued to need the most rehabilitation

Answer 14

The marginalised groups in society

Question 15

What must happen in order for rehabilitation to work

Answer 15

Offender must want to change
They they dont want to then it is a waste of time and money

Question 16

Which sociological theory agrees with the aim of punishment - Rehabilitation

Answer 16

LR - regarding social facts as cause of crime so rehabilitation can encourage change in persons position e.g gaining qualifcations

Question 17

Which two sociological theoriests criticise the aim of punishment - rehabilitation and why

Answer 17

RR - rehab is a limited success - so many people on rehab programmes but still a high recividism rate
Marxism - rehab puts blame and focus on the individual rather than on how capitalism causes crime

Question 18

What is the aim of punishment - Public protection

Answer 18

Incapacitation means the offender cannot commit crime again

Question 19

What is the main type of incapacitation used today in out CJS

Answer 19

Imprisonment - takes offender out of society so cannot commit crime
Said as imprisonment for public protection in CJS 2003

Question 20

How do Indeterminate sentenced reflect the aim of punishment - Public protection

Answer 20

Sentences with no fixed release date and keep the offender in until they decide the offender is no longer dangerous

Question 21

Which statue introduced manditory minimum jail sentences for repeat offenders and automatic life sentences for second serious sexual/voilent offences

Answer 21

The Crime (sentences) Act 1997

Question 22

Which sociological theoriest agrees with the aim of punishment - Public protection

Answer 22

RR - persistent crime = rational choice each time so the D is not learning and should be removed form society

Question 23

What is one practical criticism to public protection

Answer 23

Incapacitation means more people are being put in prison for long sentences = increase in prison population

Question 24

How is public protection ‘displacing’ as a criticism

Answer 24

Moving them to prison is not solving the problem, but moving it somewhere else

Question 25

What is a general criticism for public protection - claiming it is unjust

Answer 25

It is deterministic as it assumes that people will re-offend and punishes them before they do it

Question 26

What is Denunciation as a small aim of punishment (not a main aim)

Answer 26

Where the public show their disapproval More emotion/feelings and what we do to show disapproval Reinforces moral codes e.g changing law overtime due to change in what society finds acceptable

Question 27

How would labelling theoriest criticise Denunciation as a mini aim of punishment

Answer 27

It leads to further crime and a deviant career - secondary deviance - SFP and becomes master status

Question 28

What is Reparation as an aim of punishment

Answer 28

Making offender amend for wrongdoings Payed back to an individual V or to society as a whole

Question 29

Through the aim of punishment - Reparation, how do offenders amend for material harm

Answer 29

Financial compensation Unpaid work to community

Question 30

What restores social damage for Reparation and how

Answer 30

Restorittive justice - allows v to explain he effects of the crime against them and offender can learn and appreciate this Brings closure to v and allows D to reintegrate into society - opportunity to look forward

Question 31

Which two sociological theoriests would agree with Reparation as a form of punishment and why

Answer 31

Labelling - removes labe from offender and helps them reintegrate, stops secondary deviance/ deviant career LR - restorative justice acts as practical measures to reduce crime and make long term changes to a more equal and caring society

Question 32

What are two criticism for Reparation as a form of punishment

Answer 32

Doesn't work or all types of offenders - murder or violent/sexual offences - cannot repair for murder Reparation seen as a soft form of punishment - let offenders off lightly

Question 33

What is Deterrence as a form of punishment

Answer 33

To put people off Individual deterrence and general deterrence

Question 34

What is the attempt by Thatcher in the 80s to deter people from committing crime

Answer 34

Introduced 'short, sharp, shock' to deter young offenders within youth offenders institutes

Question 35

How does deterrence actually work

Answer 35

People need to understand and see severity (harsh punishment) and certainty (100% conviction rate) of the punishment

Question 36

Which sociological theory agrees with Deterrence as an aim of punishment

Answer 36

RR - Severity and certainty leads to people making a rational choice to commit crime Situational crime prevention and target hardening

Question 37

What is a criticism to Thatchers 80s deterrence scheme

Answer 37

Little evidence that it actually worked

Question 38

What is evidence/ criticism against deterrence actually working

Answer 38

Recidivism rate is still high so it is argued that deterrence does not work

Question 39

What does deterrence as an aim of punishment assume

Answer 39

Assumes those who offend/ going to offend know what the punishments are - law can be unclear Assumes all criminals act rationally - impulse crime