Unit 4 AC2.3

Question 1

What are Financial Penalties

Answer 1

Given out to less serious offences - summary
Used by magistrates
15% of offenders receive them
They are a financial sanction which the offender is ordered to pay, failure to pay means they can be sent to prison

Question 2

What can the size of the fine depend on

Answer 2

Offence itself - law lays down minimum fines for each offence
Circumstance of the offence - mitigating or aggravating factors
Offenders ability to pay - poor allowed instalments

Question 3

What are the minimum and maximum fines each court can give

Answer 3

Magistrates: £5,000 or £10,000 for two offences
CC: unlimited fine penalty

Question 4

What aims of punishment do financial penalties meet

Answer 4

Retribution - makes someone suffer financially for the harm done
Deterrence - make someone reluctant to re-offend, used as signal that worse is to come, fear of further punishment

Question 5

As an evaluation of fines, how many fines were written off because offenders can no longer trace offenders

Answer 5

1/4

Question 6

How many fines were cancelled in 2014

Answer 6

237 mil

Question 7

What is an argument against fines meeting the aims of punishment (retribution and deterrence)

Answer 7

the fact that fines have been written off before and some because the system could not trace the offender suggests that they do not cause retribution or deterrence

Question 8

What are the two types of discharges and explain them

Answer 8

Conditional - the offender is let go but if they commit another crime in the next 3 years = convicted for original and new crime
Absolute - no penalty as D is not morally guilty = punishment would not be fair

Question 9

How do discharged meet the aim of punishment - deterrence

Answer 9

Court environment and seriousness is scary enough to put some off

Question 10

How do discharges not meet the aim of punishment - deterrence

Answer 10

Low level of reoffending following a discharge, especially for the first time so they are not punished or scared of punishment
Knowing this may mean that discharges do not deter some

Question 11

How do discharges not meet the aim of punishment - retribution

Answer 11

too much leniency so suggests it is not in proportion to the crime - does not meet proportionality theory

Question 12

How may discharges meet the aim of punishment - rehabilitation

Answer 12

Maybe for some they are rehabilitated in conditional discharges due to commitments they have to follow

Question 13

How do discharges not really meet the aim of punishment - public protection

Answer 13

Offenders are not incapacitated but they are under supervision of probation services - but not for absolute discharges

Question 14

How does imprisonment meet the aim of punishment - retribution

Answer 14

Prison is punishment for crimes, taking away freedoms and unpleasant living conditions

Question 15

How does imprisonment not meet the aim of punishment - retribution

Answer 15

Hard to decide if offender gets their ‘just desserts’
Hard to determine length of sentence - society disagrees on sentences

Question 16

How does imprisonment meet the aim of punishment - deterrence

Answer 16

Prison/ risk of being imprisoned would put off offender from committing/ re-offending

Question 17

How does imprisonment not meet the aim of punishment - deterrence

Answer 17

Still high re-offending rates
Nearly half adult prisoners are re-convicted within a year of release from jail
Only work if offender can make rational decision on consequences of action to not offend

Question 18

How does imprisonment meet the aim of punishment - public protection

Answer 18

Imprisonment removed offender form society as it incapacitates criminals
Life sentences
Indeterminate sentences - kept imprisoned until no longer a danger
Long sentences = for public protection
Most prisoners released on license and under supervision - if become a danger while on this = sent back to prison

Question 19

How does imprisonment meet the aim of punishment - reparation

Answer 19

Prisoners permitted to work outside of prisons in preparation for eventual release = pay can go to victim costs

Question 20

How does imprisonment not meet the aim of punishment - reparation

Answer 20

Few prisoners have opportunity to earn money through being allowed to work outside of prisons on sentence

Question 21

How does imprisonment meet the aim of punishment - rehabilitation

Answer 21

Goal of prison is to rehabilitate

Question 22

How does imprisonment not meet the aim of punishment - rehabilitation

Answer 22

48% of prisoners re-offend
Found that short sentences are less effective than community sentences at reducing re-offending
Lack of education and training of prisoners - over half of prisoners have literacy skills of a 11 yr old
Shortage of places that deal with anger management in prisons

Question 23

How do community sentences meet the aim of punishment - retribution

Answer 23

Curfews and exclusion order are a form of punishment - make offender suffer by limiting freedoms

Question 24

How do community sentences meet the aim of punishment - reparation

Answer 24

Unpaid work to repaid damage causes to individual or community

Question 25

How do community sentences meet the aim of punishment - public protection

Answer 25

Monitor offender with curfews and timetable

Question 26

How do community sentences not meet the aim of punishment - public protection

Answer 26

Do not remove the offender but if offender does breach license then they can be sent to prison

Question 27

How do community sentences meet the aim of punishment - rehabilitation

Answer 27

Studies found community services are more effective at rehabilitating offender and preventing recidivism than short prison sentences - 34% reoffend in 12 months compared to 64% for short prison sentences