Unit4 2.3 Flashcards
Summary of the punishments available-imprisonment
These are mandatory and discretionary life sentences, fixed term and indeterminate sentences, suspended sentences
-Long sentences which achieve the aim of protecting society
-Anyone who has a sentence of less than two years is released on license, having to conform to bail conditions and supervision, this helps the aim of rehabilitation to be achieved and stop reoffending
-Has been an increase in the number of people recorded to custody, numbers have increased by nearly 1000 people
-The high rates of reoffending and high numbers of those being recalled to prison show prisons do not rehabilitate individuals
Summary of the punishment available-community sentences
Combination order for example
-Unpaid work
-Curfew
-Drug treatment and testing
-Supervision
-it combines the aim of punishments and repatriation with individuals being punished by working unpaid and also paying/giving back to society
-Community sentences are nearly 9% more effective at reducing one year reoffending rates compared to imprisonment
-However in 2013 more than 3/4 of those sent to prison the previous year had already at least one community sentence
-This suggests community sentences do not meet the aim of rehabilitation fully and it doesn’t always act as a deterrent to not commit further criminal activity
Summary of the punishments available-fines
It depends on financial circumstances of the offenders and the seriousness of the offences
-Main purpose is to provide deterrence and punishment for the offender, financial punishment is given through the payment of a fine
-fines can be escalated if not paid. Possible prison time can be given for nonpayment of fines.
-Many fines are written off at 61% if the offender cannot be traced and there’s no realistic chance of collection
-Due to the figures aren’t an effective method of achieving retribution or deterrence and the threat of prison for failing to pay does not seem to have an impact
Summary of punishment available-discharge
It’s conditional whether the defendant reoffends during a period of time up to 3 years, the courts can impose a different sentence
It’s absolutely no penalty is imposed as the defendant is guilty but morally blameless
-It can be conditional or absolute, conditional is used frequently for the first time minor offences and aim to stop offending deterrence by having the cavate that if reoffending occurs a more severe punishment can be given
-Absolute is rare but is when no penalty is imposed, it’s the lowest level of punishment and a court believes the process and experience of being arrested is enough deterrence to ensure no further crimes are committed
-This would not work for those who do not respect the system as they are likely to be back in court for reoffending
Does imprisonment meet the aim of punishment?
A life sentence is the most serious punishment available to courts and mandatory life sentence can be given which is spending most of their sentence in prison. on average they spend 16 years in custody up from 13 years in 2001. And when they are released lifers continue to serve the sentence for the rest of their lives. They are subject to monitoring and restrictions can be returned to custody at any point if they break the terms of their license, this could be argued retribution takes place with an offender being given there just desserts. There’s a number of prisoners serving an indeterminate sentence to protect the public from them and these are aware there is no release date. This might suggest prison is achieving the aim of protecting society. The majority of people sent to prison are giving fixed term sentences and therefore know the amount of time they have to serve. anyone given a sentence between two days and two years will be released halfway through the sentence and monitored until the end of the sentence which could point to the aim of rehabilitation.
Do community sentences meet their aims?
According to the sentencing council community sentence combines punishment with activities carried out in the community. It can include a requirement such as carrying out up to 300 hours of unpaid work which might include tasks such as removing graffiti or cleaning overgrown areas. It also involves the offender undergoing alcohol or drug treatment to tackle causes of offending. Overall this aims to try to not only punish offenders but to change their behaviour and prevent further offending. According to the Bromley briefings the prison reform trust 2016 the use of community sentences has nearly halved since 2006 and now they account for only 9% of all sentences. this is despite the fact that they are more effective by 8.3% at reducing one year reoffending rates than custodial sentences of less than 12 months for similar offences , this would suggest that community sentences can fulfil a rehabilitation aim
Do fines meet their aims?
Fine is a disposal of a case in a magistrate court. For offences like driving offences a court will consider the circumstances of the crime and the financial situation of the offender. Often the fine is paid on instalments taken directly from Social Security benefits. The main purpose of a fine is to provide deterrence and punishment for the defendants, in an attempt to prevent them from committing offences. it’s possible to be sent to prison for failing to pay a fine but only if the court believes you are deliberately not paying. However, it would appear that fines are not an effective method of achieving deterrence or retribution given the amount that are unpaid. The threat of prison for failing to pay does not seem to impact on the offender.
Do discharges meet their aim?
They can either be conditional or absolute. A conditional discharge is used for minor 1st time offences in a magistrate court.. the nature of this punishment is that provided the offender does not reoffend, during the period of the order, no further sanction will be imposed. However, if there is further reoffending during the period of the order, any time up to 3 years the courts can give an alternative sentence for the original offence and the second sentence for reoffending. Almost like any second chance, the aim is one of deterrence. The court believes that the whole experience is sufficient deterrence for the offender. However, those criminals who are impervious to the system they are likely to be back before court. In which case such a punishment would not receive its aims.
