2.3 Assess How Forms Of Punishment Meet Aims Of Punishment.

Question 1

Criminal justice act (2003)
Aims:

Answer 1

1) retribution.
2) deterrence.
3) rehabilitation.
4) incapacitation.
5) reparation.

Question 2

Imprisonment types

Answer 2

1) life sentence - in prison for a set time, or mandatory sentences for murderers in which they never leave.

2) determinate sentence - fixed length sentence or half sentence/half community work.

3) suspended sentence - offender does not go straight to prison, e.g house arrest, failure to meet requirements ends in sentence.

Question 3

Does imprisonment meet aims of punishment?
+ = pros
- = cons

Answer 3

Retribution : + unpleasant conditions and removal of freedom, treatment usually matches crime committed.

Deterrence : + people avoid crime to avoid prison, usually effective at preventing re-offending.
- impulsive behaviour can cause crime, individuals forget about prison in the moment.

Incapacitation : + removes criminals from society = protection.
- prison setting can encourage criminal behaviour e.g drug trading.

Reparation: + offenders held accountable and have opportunity to show remorse to victims.
- restorative justice not suitable for some crimes me

Rehab: + ethical and moral (humanistic).
- programmes are not always available due to lack of funding towards services, = reoffending.

Question 4

Community sentence.

Answer 4

When crimes are not suitable for prison.
Involves:
- constant supervision by probation officer until time is ‘served’.
- 40-300 hours of community payback (unpaid).
- curfew (house arrest).
- mandatory programme attendance (anger management or alcoholism awareness).

Question 5

Does community sentencing meet aims of punishment?

Answer 5

Retribution: + restriction on freedom and requirements to wear hi-vis, making them known as an offender (embarrassment to re-offend).
- does not involve prison time.

Reparation: + payback to community through unpaid work e.g removing graffiti.

Public protection: + offenders are always supervised, failure to comply with rules leads to imprisonment.

Rehab: + effective at reducing recidivism, however only 8% of offenders are offered a community sentence, 14% decrease from previous years.

Question 6

Fines.

Answer 6

Financial penalties for less serious crimes.
E.g vandalism or speeding

Magistrates court can issue fines up to £5,000

Question 7

Do fines meet aims of punishment?

Answer 7

Retribution: + direct consequence, and undesirable form of punishment.

Deterrence : + paying a sum of personal money may deter future crimes.
- fines are usually ‘written off’ therefore people can get away with crime = ineffective.

Question 8

Discharges.

Answer 8

Used instead of sentencing
‘Not punished unless another crime is committed’.

Question 9

Do discharges meet aims of punishment?

Answer 9

Deterrence: + discharge is considered as a warning for many, and experiencing court is enough to decrease the chances of re-offending.