2.3 Flashcards
(20 cards)
does imprisonment meet the aims of retribution?
- prison punishes people for their crimes by taking away their freedom
- difficult to say whether imprisonment gives offenders their ‘just desert’, how do we decide exactly what length of sentence ‘fits’ different crimes
what are life sentences?
- minimum times that the offender must spend in prison before they can be considered for release.
- once released they remain of license for life
- mandatory life sentences must be given to offenders who are found guilty of murder
what are indeterminate sentences?
- these set a minimum time the offender must serve in prison and then the parole board decides whether they are suitable to be released
what are determinate sentences?
- one with a fixed length
what is a suspended sentence?
- the offender is given a prison sentence but doesnt go directly to prison
does imprisonment meet the aims of deterrence?
- risk of imprisonment deters would be prisoners and offenders from re offending
- high re offending rates (48% reoffend within a year of release)
- only works if would-be offenders are capable of thinking and acting rationally
- many offences are committed under the influence of alcohol or drugs and poorly educated so no able to consider the risk
does imprisonment meet the aims of public protection (incapacitation)?
- takes offenders out of circulation, cannot harm the public although could harm other inmates or staff.
- most prisoners are released on licence so if they become a danger to the public they can be recalled to prison.
prison can be a ‘school for crime’, where prisoners acquire skills so they are likely to commit more serious crimes once released where they are less likely to get caught, doesnt protect the public
does imprisonment meet the aims of reparation?
- under Prisoners’ Earnings Act 2011, prisoners who are permitted to work outside of prison can be made to pay a proportion of their earnings towards to cost of victim support services. few prisoners have the opportunity to do this.
- imprisonment does little to meet the aims of reparation
does imprisonment meet the aims of rehabilitation?
48% of prisoners reoffend within a year of release. 64% if served less that a year
- short sentences - not enough time to get a grip with long term problems
- education and training is limited
- there is a shortage of places on courses that address offending behaviour
what are community sentences?
- are imposed for offences which are too serious for a discharge or a fine but not serious that a prison sentence is necessary
- supervision from a probation officer
- between 40 - 300 hours unpaid work
do community sentences meet the aims of retribution?
- include and element of punishment e.g. curfews and exclusion as it makes the offender suffer limits on their freedom
do community sentences been the aims of reparation?
- doing unpaid work to repair the damage they have caused.
- may be to the whole community by unpaid work on community payback
do community sentences meet the aims of public protection?
- they dont lock offenders up so they do not achieve the aim of incapacitating offenders.
do community sentences meet the aims of rehabilitation?
- they address offenders needs such as requiring them to go to treatment services
- in a Ministry of Justice study, 34% reoffend within 12 months of starting their community sentence compared to 64% for those serving prison sentences of less than 12 months
what are fines?
- financial penalties for offending
the size of the fine depends upon the offence itself, the circumstances of the crime, and the offenders ability to pay and which court is hearing the case
do fines meet the aims of retribution?
- making them pay is a good way to make them suffer for the harm they have done
do fines meet the aims of deterrence?
- may make an offender reluctant to re-offend for fear of further punishment
what happens if you dont pay a fine?
- may face prison
- many fines do not get paid - by 2016 there was £747m worth of unpaid fines many written off as uncollectable.
what are discharges?
- when the court finds someone guilty of a minor offence but decides not to hand down a criminal conviction
- conditional discharge - the offender will not be charged unless they commit another offence (if they do the court can sentence them for both offences)
- absolute discharge - no penalty is imposed
do discharges meet the aims of deterrence?
- a warning to the individuals future conduct
- the experience of going to court is enough for them to mend their ways
