2.3 Assess how forms of punishment meet the aims of punishment

Question 1

Describe Life sentences

Answer 1

• A life sentence is the most serious punishment available in the UK
• Judges decide the minimum term for an offender before they can be paroled; the parole board then assesses if they are suitable for release, and if so, are released on license, having to abide to restrictions forever - breaking these terms will put them back in prison
• There is also whole life terms for those deemed never safe for release purely due to the severity of their crimes

Question 2

What are indeterminate sentences?

Answer 2

A sentence with a minimum term, but the offender has no right to leave after it is served. They will then only be paroled when deemed suitable for release

Question 3

How many prisoners were serving indeterminate sentences in 2018, and what % of the prison population was this?

Answer 3

10,000
14%

Question 4

Describe Determinate sentences

Answer 4

One with a fixed length, almost entirely or entirely served in prison
- If it is under 12 months, the offender is usually released halfway through
- If it is over 12 months, the first half is prison, the second, Community service : this is supervised by the probation service who also set requirements, which if broken, will result in the offender being recalled to prison in the second half of the sentence
- Less than 2 years, then the offender is released on post-sentence supervision for a year, regularly meeting with a probation officer

Question 5

Describe suspended sentences

Answer 5

An offender is given a prison sentence, but if is suspended for e.g. 2 years, but failing meet certain requirements during this period will result in the initial sentence being reimposed

Question 6

Does imprisonment meet the aims of retribution?

Answer 6

Succeeds in that offending deserves punishment as prison takes away freedoms

However it is hard to determine the sentence for a crime without many people in society disagreeing with the fairness of the severity

Question 7

Does imprisonment meet the aims of deterrence?

Answer 7

While the risk of being sent to prison should deter criminals, recidivism rates are high, with half of those released re-convicted within a year
It works as a deterrent as long as a would-be offender can think rationally, but drugs, alcohol, poor education etc mean this is not always likely

Question 8

Does imprisonment meet the aims of Public protection?

Answer 8

Imprisonment does protect the public as it incapacitates offenders and removes them from the streets - e.g. Whole life order
However, Prison can be a ‘school for crime’ which nurtures criminal behaviour through the share of knowledge and techniques, often leading to more serious crime when these offenders are released - temporary
*Prison is costly and critics argue these funds are incorrectly used

Question 9

Does imprisonment meet the aims of reparation?

Answer 9

After the Prisoners’ earnings act 2011, prisoners who are permitted to work outside of prison in preparation for their release can be made to pay a % of their earnings to victim support services, which is evidence of them paying back to society

However this has rarely been implemented

Question 10

Does rehabilitation meet the aims of reparation?

Answer 10

48% of prisoners re-offend within a year of their release, because
- Short sentences do not leave enough time for long term problems that cause crime e.g. drug addiction
- Limited opportunities to deal with the causes of offenders’ crimes, largely because of their poor education, with over half of prisoners having the literacy skills of an 11 year old, and education opportunities for them are also bad, exacerbating this

Question 11

Describe community sentences

Answer 11

Imposed for offences too serious for a discharge or fine but deserving of a sentence
Community orders have 1 or more requirements such as:
- Probation officer supervision
- Between 40 and 300 hours of unpaid work
- A group programme e.g. anger management
- A residency requirement, e.g. to live at a supervised, probation-approved hotel

Question 12

How do community sentences meet the aims of retribution?

Answer 12

Curfews and exclusion orders restrict offender freedoms which is a punishment
Further punishment through the high visibility vests that say ‘community payback’ on, which is name and shaming

Question 13

How do community sentences meet the aims of reparation?

Answer 13

Through unpaid work they can repair damage done to property or e.g. remove graffiti, clear wasteland

Question 14

How do community sentences meet the aims of Public protection?

Answer 14

While community sentences do not take offenders off of the streets, breaching terms of a community sentence can result in prison

Question 15

How do community sentences meet the aims of rehabilitation?

Answer 15

Causes of crime such as drug use, mental health or homelessness are addressed by providing drug treatment or activities that improve job prospects

Evidence: For those with over 50 previous convictions re-offending is 1/3 higher for those given a short sentence rather than a community sentence

However: Between 2007 and 2010 the proportion of offenders receiving community orders halved

Question 16

Describe Fines

Answer 16

Financial penalties for offending usually for less serious crimes, but sometimes for more serious

The size of a fine depends on:
- Law lays down maximums for each crime
- Circumstances: whether it was the first offence of the offender, how much harm was done etc
- ability to pay: A poorer defendant will probably receive a smaller fine

Question 17

Describe how fines meet the aims of retribution and deterrence

Answer 17

Retribution - Taking money off of someone

Deterrence - Fines can be used to dispose of first-time offenders and signal to them that worse will come if they continue

Question 18

What is one fact that suggests fines are poor as a punishment?

Answer 18

They are often not paid - unpaid fines amounted to £623 million in 2019

Question 19

Describe Discharges and their 2 types

Answer 19

When an offender is found guilty of a very minor crime, they may be granted a discharge

Conditional discharges the offender will not be punished unless they re-offend in a set time period, which will lead to them being sentenced for the original and new offence

Question 20

How can discharges meet the aims of deterrence?

Answer 20

They act as a warning - further offending can result in worse sentences