Unit 4 AC2.3 Flashcards
Explain imprisonment
taking an offender out of society by keeping them in a prison cell and restricting their freedom
How do forms of punishment meet the aims of imprisonment?
(Retribution, rehbilitation, deterrence)
- Retribution- Prison meets the aims of retribution as it is punishing the offender by taking their freedom away. The aim seeks to punish them through giving them a sentence deserving of the crime. This can be seen through the example of murder, where if you take another’s life, then your life will be taken from you. In the UK, this is a life sentence.
- Rehabilitation- prison isn’t seen as meeting the aim of rehabilitation because of the high re-offending rates. For example, 86% of 18 and under re-offend and 48% of over 18’s commit further crimes within the first year of leaving prison.
- Deterrence- prison can be seen as effective in achieving the aim of deterrence.
Right relalists theory relating to imprisonment
Right realists suggest that the theory of rational choice will mean that offenders and potential offenders are likely to think more rationally about their actions before committing another crime.
Mandatory life imprisonment
if individual committed murder they get this sentence in prison
indeterminate sentences
- Minimum time the offender must serve
- Offender has no automatic right to be released after the minimum term served
- Instead the board decides if the offender is suitable to be released on license
This makes 14% of the prison population
Determinate sentences
One fixed length - most prisoners serve
If sentence is under 12 months or more the offender spends first half in prison then the 2nd half in community on license.
Suspended sentence
Given a prison sentence but doesnt go directly to prison
May recieve if they’d be given a prison sentence less than 12 months
Can be suspended up to 2yrs
Court can give requirements like probation or drug addiction treatment
What the statistics say about imprisonment as a form of rehabilitation
high recidivism rate - the overall proven reoffending rate was 29% for the January to March 2018
is rehabilitation and individual deterrence met by prison sentences?
no, high recidivism rates show otherwise. Once offenders have been released from prison the recall population has increased significantly. 48% of women released. Re-offend, This could suggest that imprisonment does not change human behaviour and therefore does not meet the aim of rehabilitation. Also, it could suggest that it does not act as an individual deterrent as it has deterred offenders from re-offending.
limitations of imprisonment
- Once offenders have been released from prison the recall population has increased significantly.
- 48% of women released
Re-offend (2019) - imprisonment does not change human behaviour and therefore does not meet the aim of rehabilitation and it could suggest that it does not act as an individual deterrent as it has deterred offenders from re-offending.
unpaid work
deterrence/ reparation
house arrest and electronic tag
public protection/ individual deterrence
curfew
deterrence/ rehabilitation
Apology to the victim
reparation
effectiveness of community charges
The BBC reported 75% of offenders sent to prison in 2012 had at least 1 community order. It suggests that they largely do not change the offender’s ways (rehabilitation) and it does not prevent them from offending in the future (individual deterrence) as they are reoffending after their sentence. However, they are more effective by 8.3% at reducing one-year offending rates than custodial sentences of less than 12 months for similar offences.
Therefore…
This suggests that for less serious offences, community sentences are effective at rehabilitating an offender.
Financial Penalties
very common in a magistrates’ court for minor offences such as driving offences. A court will take into account the circumstances of the crime and the financial situation of the offender.
conditional discharge
releasing a convicted offender under certain terms, and erasing the criminal record after three years if the terms are met.
they have to pay £150 in criminal court charges.
- aims to deter individuals from reoffending by giving them a second chance, a warning as to what can happen if they carry on
Absolute Discharge
Releasing a convicted offender and erasing the criminal record after one year. Magistartes give this to poorer offenders.
- given to people who are believed that the whole court experience is enough to deter them from reoffending.
