Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

WJEC Level 3 Criminology (KEDST 2023/24). > UNIT 4 - AC2.3 - Assess how forms of punishment meet the aims of punishment. > Flashcards

UNIT 4 - AC2.3 - Assess how forms of punishment meet the aims of punishment. Flashcards

1
Q

What trust made the Bromley Briefings?

[AC2.3]

A

The Prison Reform Trust.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the Bromley Briefings about?

[AC2.3]

A

It shares the latest facts and figures about UK prisons and the individuals within them.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What 2 countries have the highest imprisonment rate in Western Europe?

[AC2.3]

What statistics?

A

England and Wales followed by Scotland.

[AC2.3]

146 prison population per 100,000 of the national population.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What country has the lowest imprisonment rate in Western Europe?

[AC2.3]

What statistics?

A

Norway.

[AC2.3]

54 prison population per 100,000 of the national population.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the name of the Prison in Norway and what type of prison is it?

[AC2.3]

A

Bastøy Prison - it is a Human Ecological Prison.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is a Human Ecological Prison?

[AC2.3]

A

A Human Ecological prison is one that allows offenders to roam free and do whatever they want. They can still work to gain money/ rewards. It is beneficial to their lives and doesn’t dehumanise them.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

According to the National Adult Office, is there a link between the prison population and levels of crime?

[AC2.3]

A

No - because imprisonment rates and crime rates are socially constructed, meaning that they are affected not by criminogenic conditions of the nation only, but by public attitude towards these issues.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

During inspections in 2022/23 what percentage of mens prisons were found saftey wasn’t good enough?

According to the Bromley Breifings. [AC2.3]

A

51%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

During inspections in 2022/23 what percentage of womens prisons were found saftey wasn’t good enough?

According to the Bromley Breifings. [AC2.3]

A

1 in 3 prisons - 33%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

During inspections in 2022/23 what percentage of youth custody establishments were found saftey wasn’t good enough?

According to the Bromley Breifings. [AC2.3]

A

Half - 50%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What percentages of males, females and children reoffend within a year of release?

[AC2.3]

A
  • Males: 64% when serving a sentence less than 12 months.
  • Females: 58%.
  • Children and Young people: 59%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Are short sentences more or less effective at reducing re-offending and why?

[AC2.3]

A

Less effective because they don’t allow enough time for rehabilitation within prison due to the long length of time it takes to set up.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What percentage of people reoffend within a year of a Prison Sentences of less than 12 months?

According to the Bromley Breifings. [AC2.3]

A

63%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What percentage of people reoffend within a year of a Community Sentences?

According to the Bromley Breifings. [AC2.3]

A

56%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What percentage of people reoffend within a year of a Suspended Sentences?

According to the Bromley Breifings. [AC2.3]

A

54%.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Does imprisonment meet the aims of punishment and why?

[AC2.3]

A

It can partially meet the aims of Retribution, Deterrance and Public Protection but definitely not Rehabilitation or Reparation unless people take part in restorative justice schemes.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the 4 forms of Punishment?

[AC2.3]

A
  • Imprisonment.
  • Community Sentences.
  • Financial.
  • Discharge.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the definition of Imprisonment?

[AC2.3]

A

To imprison is to hold someone in a prison or jail. It can also mean to confine them elsewhere. They are genrally fixed term but can be suspended or for life.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the definition of a Community Sentence?

[AC2.3]

A

A community sentence combines some form of punishment with activities carried out in the community.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are examples of Community Sentences?

[AC2.3]

A

This can include up to 300 hours of unpaid work, keeping to curfews or going to alcohol/ drug treatement programmes.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is the definition of a Fine?

[AC2.3]

A

A fine is a penalty that requires the convicted person to pay a sum of money fixed by law after an offence has been committed.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the maximum amount a fine can be?

[AC2.3]

A

Unlimited!

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the definition of Discharge?

[AC2.3]

A

A discharge is a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Name the 2 types of Discharge.

[AC2.3]

A
  • Absolute Discharge.
  • Conditional Discharge.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is an Absolute Discharge?

[AC2.3]

A

The court has decided not to impose a punishment because the experience of going to court has been punishment enough.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is a Conditional Discharge?

[AC2.3]

A

If the offender commits another crime (if they break their conditions), they can be sentenced for the first offence and the new one.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What do judges and magistrates have to follow to ensure sentences are fair?

[AC2.3]

A

Sentencing Guidelines.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What factors are taken into account when sentencing takes place?

[AC2.3]

A
  • Aggrevating and Mitigating Factors.
  • Previous Convictions.
  • How trusted of an individual they are.
  • Type/ Severity of the crime.
  • Mens Rea and Actus Reus.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What 2 factors depend on the circumstance of the crime and offender?

[AC2.3]

A

Aggrevating and Mitigating Factors.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is an Aggrevating Factor?

[AC2.3]

A

Something that makes a crime more serious (increases the severity of punishment).

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is an example of an Aggrevating Factor?

[AC2.3]

A

A burglar breaks into a house and the owners of the property are in bed. A court is likely to consider the fact that the house was occupied at the time as an aggravating factor. It makes the crime more serious than if the owners hadn’t been in at the time.

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is a Mitigating Factor?

[AC2.3]

A

Something that makes a crime less serious (decreases the severity of punishment).

[AC2.3]

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is an example of a Mitigating Factor?

[AC2.3]

A
  • The offender is genuinely sorry for what they have done.
  • There are events in the offender’s personal life which may have affected their behaviour (e.g poverty - can’t feed their children).

[AC2.3]

34
Q

What is a Mens Rea?

[AC2.3]

A

The mens rea is the mental state of a defendant who is accused of committing a crime. ”Guilty Mind”.

[AC2.3]

35
Q

What is an example of Mens Rea?

[AC2.3]

A

If a person targets and assaults someone with the goal of inflicting harm on the victim, he is displaying criminal intent.

[AC2.3]

36
Q

What is an Actus Reus?

[AC2.3]

A

An action or conduct which is a constituent element of a crime (guilty act), as opposed to the mental state of the accused.

[AC2.3]

37
Q

What is an example of Actus Reus?

[AC2.3]

A

Stealing, assault, murder (voluntarily killing someone), crimes of omission, statutory rape, and bigamy are all example of the “guilty act”.

[AC2.3]

38
Q

What are the types of sentence that can be given?

[AC2.3]

A
  • Custodial Sentence (Prison).
  • Suspended Sentence.
  • Extended Sentence.
  • Life Sentence.
  • Determinate Sentence.
  • Indeterminate Sentence.
  • Community Sentence.

[AC2.3]

39
Q

What is a Custodial Sentence?

[AC2.3]

A

It is a sentence of imprisonment in which is generally fixed term but can be suspended or for life (this is set by the court).

[AC2.3]

40
Q

What is a Suspended Sentence?

[AC2.3]

A

The offender does not go to prison immediately but is given the chance to stay out of trouble and comply with requirements in the community. “Fear of prison hanging over them!”

[AC2.3]

41
Q

What is an Extended Sentence?

[AC2.3]

A

Extended sentences are imposed in certain types of cases where the court has found that the offender is dangerous, and an extended licence period is required to protect the public from risk of serious harm.

[AC2.3]

42
Q

What is a Life Sentence?

[AC2.3]

What different types are there?

A

When someone is given a life sentence, they will be subject to that sentence for the rest of their life. Judges must specify the minimum term an offender must spend in prison before becoming eligible to apply for parole. Minimum of 25 years unless full life term.

[AC2.3]

  • Mandatory life sentences.
  • Discretionary life sentences.
43
Q

What is a Mandatory Life Sentence?

[AC2.3]

A
  • For the most serious cases of murder for example, an offender may be sentenced to a life sentence with a ‘whole life order’. This means that their crime was so serious that they will never be released from prison.

[AC2.3]

44
Q

What is a Discretionary Life Sentence?

[AC2.3]

A

There are a number of crimes – such as rape or robbery – for which the maximum sentence is life imprisonment. This does not mean that all or most offenders convicted of these offences will get life.

[AC2.3]

45
Q

What are the 2 types of ‘…erminate’ sentences linking to lengths of time?

[AC2.3]

A
  • Determinate Sentence.
  • Indeterminate Sentence.

[AC2.3]

46
Q

What is a Determinate Sentence?

[AC2.3]

A

It is a fixed length sentence for a fixed length time which you spend some time in prison and some time in the community ‘on license’.

[AC2.3]

47
Q

What is an Indeterminate Sentence?

[AC2.3]

A

It is not a fixed length sentence for an unfixed length time. There is no set release date and there will be a specific minimum amount of time they have to spend in prison before release.

[AC2.3]

48
Q

What are the 2 types of Sentence beginning with ‘C’ which refers to spending a sentence?

[AC2.3]

A
  • Concurrent Sentence.
  • Consecutive Sentence.

[AC2.3]

49
Q

What is meant by a Concurrent Sentence?

[AC2.3]

A

Sentences are served at the same time (e.g. for multiple sentences - 6 month + 3 month = just 6 months in prison).

[AC2.3]

50
Q

What is meant by a Consecutive Sentence?

[AC2.3]

A

Sentences are served one after another (e.g. for multiple sentences - 6 month + 3 month = 9 months in prison).

[AC2.3]

51
Q

What is the most serious punishment a UK court can hand down?

[AC2.3]

A

A Life Sentence (Full Term).

[AC2.3]

52
Q

What is the most serious punishment a US court can hand down?

[AC2.3]

A

Death Penalty.

[AC2.3]

53
Q

Who decides whether to release an offender serving a life sentence?

[AC2.3]

A

The Parole Board.

[AC2.3]

54
Q

How long does an offender remain on licence after a life sentence?

[AC2.3]

A

For the rest of their life.

[AC2.3]

55
Q

What percentage of the prison population do life sentences account for in Europe?

[AC2.3]

A

14%.

[AC2.3]

56
Q

Are offenders automatically released after serving the minimum term of a life sentence?

[AC2.3]

Who has to agree before they are released?

A

No, they have no automatic right to be released.

[AC2.3]

The Parole Board has to agree they are safe enough to be ‘on license’.

57
Q

What is the mandatory sentence for those found guilty of murder?

[AC2.3]

A

Mandatory life sentence.

[AC2.3]

58
Q

Can requirements be imposed on an offender receiving a suspended sentence?

Example? [AC2.3]

A

Yes, such as entering drug/ alcohol rehabilitation programs.

[AC2.3]

59
Q

What happens if an offender commits a crime during the suspension period of a suspended sentence?

[AC2.3]

A

They will be sent to prison to serve their original sentence.

[AC2.3]

60
Q

Which of the Aims for Sentencing does Imprisonment meet?

[AC2.3]

A
  • Retribution.
  • Rehabilitation.
  • Deterrance.
  • Public Protection.
  • Reparation.

(All of them in one way or another). [AC2.3]

61
Q

How does Imprisonment meet the aim of Retribution?

[AC2.3]

A
  • Loss of Liberty - no freedom.
  • Poor living conditions in prison - form of revenge.
  • Proportionate sentence
  • In 2006, 16 months prison sentence for robbery in Finalnd, but 72 months in Austrialia.

[AC2.3]

62
Q

How does Imprisonment meet the aim of Rehabilitation?

[AC2.3]

A
  • Educational/ Addiction Programs offered to support all offenders.
  • Short sentences don’t allow enough time for rehab.
  • Offenders may not want to take part.
  • Not enough trained staff and they lack the experience/ skills.

[AC2.3]

63
Q

How does Imprisonment meet the aim of Deterrance?

[AC2.3]

A
  • Prison isn’t a nice place.
  • Recidivism rates show prison isnt that good for individual deterrance, but is good for general deterrance.
  • Won’t act as a deterrant for impulsive crimes.

[AC2.3]

64
Q

How does Imprisonment meet the aim of Public Protection?

[AC2.3]

A
  • Helps to remove high-risk offenders out of society.
  • Offers protection for the public, but not all the time as not all offenders recieve a life term.
  • Prison can act as a ‘University of Crime’.

[AC2.3]

65
Q

How does Imprisonment meet the aim of Reparation?

[AC2.3]

A
  • Offenders make ammends for the wrongdoing they did.
  • Restorative Justice Programs allow victims and offenders to share their side of the event.
  • Through the Prisoners Earnings Act 2011, any earnings inmates recieve from jobs in prison can be paid back to victims.

[AC2.3]

66
Q

Which of the Aims for Sentencing do Community Sentences meet?

[AC2.3]

A
  • Retribution.
  • Rehabilitation.
  • Deterrance.
  • Public Protection.
  • Reparation.

(All of them in one way or another). [AC2.3]

67
Q

How do Community Sentences meet the aim of Retribution?

[AC2.3]

A
  • Community sentences involve unpaid (voluntary) work within the community.
  • They can involve and element of the labelling theory in which people are given high-vis vests for supervision purposes. These vests are to help monitor and notice if anyone tries to escape community work. This is to help protect the community.
  • The high-vis vests will use naming and shaming such as saying ‘community payback’ on the back.

[AC2.3]

68
Q

How do Community Sentences meet the aim of Rehabilitation?

[AC2.3]

A
  • They are very good for rehabilitation purposes as they provide support groups such as being able to freely access services such as councelling and therapy.
  • Your probation officer will monitor you and can act as someone to speak to if you need any support or help with meeting targets/ requirments for court for example.

[AC2.3]

69
Q

How do Community Sentences meet the aim of Deterrance?

[AC2.3]

A
  • It allows offenders to weigh up the Costs vs Benefits but negatively as community sentences make offenders see that the punishment isnt very severe, which leads to crimes still being committed.
  • There is generally a low recidivism rate of 34% for people who spend community sentences.
  • People who commit crimes for community sentences are usually first-time offenders or individuals who have committed very low level offences.

[AC2.3]

70
Q

How does Community Sentences meet the aim of Public Protection?

[AC2.3]

A
  • Individuals will be on work or curfews all day during their community sentence (order), and so would be monitored at all times to make sure they don’t breach this to be able to continue offending in the community.

[AC2.3]

Community Sentences can be seen as not very effective at all from a public protection point of view, as the offender is serving it in the community and can easy escape to commit crimes.

71
Q

How do Community Sentences meet the aim of Reparation?

[AC2.3]

A
  • Community sentences for those offenders taking part who want to gain something out of them, can be seen as very rewarding as they are giving back to society/ the community.
  • It can be in the form of direct payback (e.g for someone who has graffitied, then they may be asked as part of their community order to help clean it up or something very similar).
  • Once offenders have repaid society, they can be seen to have a ‘Clean-slate’.

[AC2.3]

72
Q

Which of the Aims for Sentencing do Fines meet?

[AC2.3]

A
  • Retribution.
  • Rehabilitation.
  • Deterrance.
  • Reparation.

(All apart from Public Protection). [AC2.3]

73
Q

How do Fines meet the aim of Retribution?

[AC2.3]

A
  • It depends on the size of the fine, they can be unlimited. They act as a form of revenge.
  • Fines will be based off the income of the individual.
  • Fines don’t tend to be seen as severe enough for wealthier people (e.g. those that commit white collar crimes - Bernard Madoff) as they are not proportionate enough.
  • The seriousness of the offence and circumstances can also influence the monitary revenge they face.

[AC2.3]

74
Q

How do Fines meet the aim of Rehabilitation?

[AC2.3]

A

Some fines (e.g. for driving offences such as speeding) can also come with courses/ education (such as speed awareness courses).

[AC2.3]

75
Q

How do Fines meet the aim of Deterrance?

[AC2.3]

A
  • Fines are a lower form of sentencing which are usually for lower levels of crime.
  • They can be seen as quite effective as people don’t like losing their hard earned money).
  • They are mainly used for first-time offenders.
  • They could work both equally well individually and generally, because no-one likes having to pay money to the govenment.

[AC2.3]

76
Q

How do Fines meet the aim of Reparation?

[AC2.3]

A

It is a way of directly paying back into society - financially.

[AC2.3]

77
Q

Which of the Aims for Sentencing do Discharges meet?

[AC2.3]

A
  • Retribution.
  • Deterrance.
  • Reparation.

(All apart from Rehabilitation and Public Protection). [AC2.3]

78
Q

How do Discharges meet the aim of Retribution?

[AC2.3]

A
  • Instances of absolute discharges (going to court is the punishment) allows no form of retribution, as the offender isn’t properly being punished/ locked up for his actions - no form of revenge.
  • Conditional Discharges (sentenced for the first-offence and new offence if they reoffend), only work once the individual commits further crimes.

[AC2.3]

79
Q

How do Discharges meet the aim of Deterrance?

[AC2.3]

A

Deterrance is the primary aim of Discharges.
* It allows offenders to recieve a ‘warning’ about future conduct and regret for committing further crimes.
* It works very well as an individual deterrance due to there being a low rate of reoffending (especially for first-time offences and offenders).
* If offenders are impervious (not accepting) to the criminal justice system and not concerned by the court experience then punishment can be seen as not very effective.

[AC2.3]

80
Q

How do Discharges meet the aim of Reparation?

[AC2.3]

A

Individuals may be asked to pay court fees in response to their trial which acts as the discharge (absolute).

[AC2.3]

WJEC Level 3 Criminology (KEDST 2023/24). (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions