2.3 Flashcards
(4 cards)
assess how imprisonment meets the aims of punishment
retribution:
- does meet - offenders are getting their ‘just deserts’ due to punishment being proportionate to the crime committed, which is supported by the sentences guidelines + loss of freedom =revenge.
- doesn’t meet - hard to determine what the proportionate sentence length is, especially as people have differing views on the severity of crime (e.g. UK cannot achieve proportionate sentence for murder - death penalty)
incapacitation:
- does meet: protecting the public by physically removing the offender from society, so they can no longer harm them.
- doesn’t meet: offender can still harm prison staff or other prisoners (displacing the harm) so public still at risk.
rehabilitation:
- does meet - if rehab programmes are incorporated in the sentence/ longer prison sentences as more opportunity for rehab.
-doesn’t meet - short sentences, prison sentences = costly so not enough money for effective rehab programmes. general shortage of rehab courses in prison. Reoffending rates of ex prisoners=high-26% in 2022/23.
deterrence:
- does meet- threat of prison is enough to put people off - ind deterrence for people who’ve already been, general deterrence for others.
- doesn’t meet- some people may not be capable of thinking rationally - can’t outweigh pros and cons.
not a individual deterrence - 26% reoffending rate.
assess how community sentences meet the aims of punishment
retribution:
- does meet - Curfew-limits movements making them suffer by limiting their freedom (element of revenge. public naming and shaming.
proportionate sentence to crime (for lesser crimes)
-doesn’t meet - still have freedom outside curfew, soft punishment.
reparation:
- does meet - doing up to 300 hours of unpaid work- paying back to community.
-doesn’t meet - i’d not paying directly back to victim
Incapacitation
- does meet - sticking to curfew- removes them from harming society at particular place and times.
- doesnt meet - not physically removed from society - can break curfew/commit crime outside curfew.
rehab
- does meet- community sentences aim to adress causes of offending needs (e.g. drug/alcohol/
mental health treatment)
-doesn’t meet- need consent from offender, may or agree, drop out/engage properly.
deterrence
- does meet - general deterrence: public naming and shaming - wearing vests.
individual deterrence- breaches of community orders can lead to prison sentences.
- doesn’t meet - some people don’t care. not capable of thinking rationally, outweighing pros and cons.
assess how fines meet the aims of punishment
retribution:
- does meet - fine=proportionate to seriousness of crime. Gets revenge on offender if makes them financially unstable.
-doesnt meet- if rich - wouldn’t suffer from money loss. so no element of revenge or harshness.
deterrence:
- does meet - general deterrence: people see others getting fined, puts them off especially if less financially stable.
individual deterrence: puts people off reoffending if the money loss negatively impacted them and saw the consequences, e.g. poverty.
- doesn’t meet - doesn’t deter people of a higher social class. Can’t deter people if unaware of the punishment they will receive.
reparation:
-doesn’t meet- paying money to gov not victim.
rehab:
- doesn’t meet - not changing beh - let off easily
assess how discharge meets the aims of punishment
absolute discharge=court doesn’t impose punishment as experience of going to court punishment enough.
conditional discharge=if offender commits another crime will be sentenced for first offence and new one.
deterrence:
- does meet - individual deterrence: 1st time offenders/ younger - fear of being dealt eith my justice system prevents reoffending.
conditional discharge - fear of punishment - less likely to reoffend if know punishment more severe.
- doesnt meet - general deterrence - people don’t see a punishment, not put off, some not effected by being in court. If not punished first time, more likely
to reoffend.
retribution:
- does meet - proportionate punishment to crime (low-level crimes). stress of court punishment enough.
- doesn’t meet - no element of revenge, very soft punishment.
rehabilitation
- does meet - gives 2nd chance to change beh, gives you be peop a chance - makes them aware crim record can affect future.
