2.3 - Assess how forms of punishment meet the aims (FINISHED) Flashcards
(14 cards)
Prison sentences (+types)
Mandatory - have to be given for a set crime
Suspended - given sentence but don’t have to fulfil it unless conditions given broken (i.e. committing a second crime)
(Tariffs - length of time given)
(IPPs - no set release date until proven to not be a danger [scrapped])
Advantages of prisons
- Public protection -> incapacitates dangerous offenders
- Rehabilitation -> when offered, can learn skills (HMP Altcourse - Norpro engineering, HMP Wolds - Summit media [<20 reoffended])
- Deterrence -> being kept away from family, uncertainty of release due to IPP
- Retribution -> punishment especially life for murder
- Reparation -> paying back in cases such as murder
Disadvantages of prison
- Public protection -> petty criminals with violent offenders will be targeted, guards being attacked (327 per 1000 prisoners assaulted)
- Rehabilitation -> IPPs offer no hope for release so may not try reforming themselves, contraband availability in prison
- Deterrence -> recidivism 46%, rioting shows continuing to offend [Birmingham]
- Retribution -> contraband availability
- Reparation -> provide no true compensation
Imprisonment stats
- Rehabilitation for first time offenders is most important > imprisonment punishments
1185 given cautions, only 867 prison COMPARED TO 15+ convictions - 3583 given immediate custody and only 131 cautioned
Community sentences
Unpaid community work with a set number of hours the offender must complete
Advantages of community sentences
- Public protection -> monitored by probation officers during hours
- Rehabilitation -> hard work leads to satisfaction and reformation
- Deterrence -> shame for being labelled community service individual, embarrassment for those who are
- Retribution -> mandatory punishment that is long-term
- Reparation -> pays back to community (i.e. street crimes)
Disadvantages of community sentences
- Public protection -> remain in/around the public
- Rehabilitation -> 1/3 reoffend within a year & short-term/unrelated sentences do not work
- Deterrence -> only do the sentence to get it done, good conditions do not deter
- Retribution -> too soft, offenders do not mind doing it
- Reparation -> works less for high-level crimes as this is not true compensation
Fines
Monetary punishment (fixed - set figure, variable - dependent on situation & income)
Advantages of fines
- Deterrence -> impacts finances (esp. cost of living) so will not want to re-offend
- Retribution -> suitable for money crimes
- Reparation -> compensation for victims for the losses
Disadvantages of fines
- Public protection -> not achieved as they remain in public
- Rehabilitation -> YO & celebs feel less responsibility for their actions (parents pay/have enough money)
- Deterrence -> seen as not much money or not that bad
- Retribution -> unsuitable for certain crimes as a punishment
- Reparation -> unable to pay back for emotional & physical damages
Discharges
Given conviction but the courts take no further action/punishment (absolute - no penalty, conditional - with conditions similar to monitoring whilst on license)
Discharge case study: Thirsk 1892
Train collision caused by signalman due to errors (caused by daughter being ill & dying night prior after he walked for 36 hours for a doctor -> exhaustion)
- 10 people died, 29 injured
- Result: no punishment due to his circumstances
Advantages of discharges
- Public protection -> conditions may prevent offender reaching the victims
- Rehabilitation -> provides reflections & opportunity to change lifestyle
- Deterrence -> act as a prevention to do again & second chance to change
- Retribution -> the court procedures may feel like punishment enough & conditions provide punishments (i.e. curfews)
Disadvantages of discharges
- Public protection -> not achieved as they remain in the public
- Rehabilitation -> absolute provides no opportunity to reform
- Deterrence -> seen as getting away with their crime
- Retribution -> not act as any type of revenge
- Reparation -> no pay back (i.e. Thirsk train incident)
