2.3 Flashcards
(21 cards)
Summarise what happens in a life sentence
1) judge gives a minimum sentence before the offender can be considered for release
2) at point of release the parole board assesses whether release is suitable
3) if offender is released it is on license meaning they must be supervised by probation service
When is a life sentence mandatory
Murder
What is a ‘whole life term’
Offender will never be released
What is an indeterminate sentence
In 2018 how many offenders were serving an indeterminate sentence
Minimum time set for offender’s release- no guarantee it is instant
Around 10,000-14%
What is an imprisonment for public protection sentence (IPP)
In 2018 how many IPP prisoners were there
Offender is potentially too dangerous for release
Around 2,200
What is a determinate sentence
How long is served in prison for a sentence under 12 months
One with a fixed length
Usually half
What is a suspended sentence
Offender is sentenced to a period of imprisonment but is released to the community with conditions
How does prison meet the aim of retribution
How doesn’t it
Takes away the offenders freedom- vengeance
Difficult to decide what the proportionate length of sentence is
How does prison meet aim of deterrence
How doesn’t it
Risk of prison prevents offending
Nearly half of offenders re-offend within a year of release
How does prison meet aim of public protection
Takes offenders out of society- no more harm can be caused
How does prison meet the aim of reparation
How doesn’t it
Prisons can enforce restorative justice programmes
Some prisoners believe there’s no point in accepting responsibility as they’ve already been punished
How does prison meet aim of rehab
How doesn’t it
Allows for rehab programs e.g. education/ drug addiction treatment
Short sentences don’t give time for rehab/ 48% re-offend within a year of release
How do community sentences meet the aims of retribution
Lacks freedom
Those doing unpaid work are ‘named and shamed’ with high-vis vest
How do community sentences meet the aims of reparation
Offenders can pay back to victim by repairing damages or whole community through unpaid work
How do community sentences meet the aims of public protection
How doesn’t it
Breach of community sentences can lead to prison time
Offenders are still in society
How do community sentences meet the aims of rehab
Give stats
Can address the offender’s needs e.g. undergo treatment
34% reoffend within year of community sentence compared to 64% with prison sentence under a year
What are the four factors that determine size of the fine
The offence lays down max fine
The circumstance e.g. harm caused
Offender’s ability to pay
Court hearing the case- magistrate can only give max fine of £5000
How fines meet the aims of retribution/ deterrence
Retribution- fines can be proportionate to amount stolen
Deterrence- often used for first offences- deterred by future more serious punishments
What is a conditional discharge
Offender won’t be punished unless they re-offend within a set period of time up to 3 years
What is an absolute discharge
No punishment is given to offender
Usually given if offender is morally blameless but technically guilty
How do discharges meet the aim of deterrence
Acts as a warning- low rates of re-offending
