AC 2.2

Question 1

What act lists functions of sentencing?

Answer 1

Section 42 in Criminal Justice Act 2003

Question 2

What are the functions of sentencing according to section 42 of the Criminal Justice Act 2003?

Answer 2

• Punishment of the offender
• Reduction of crime
• Reform and rehabilitation of the offender
• Protection of the public
• Making of reparations by offenders to persons affected by their offences

Question 3

What is the main idea behind retribution in punishment?

Answer 3

The offender deserves punishment and it contains an element of revenge.

doesnt seek to alter future behaviour, only to inflict harm as a consequence

Question 4

What must a court follow according to the Coroner’s and Justice Act 2009?

Answer 4

Guidelines unless it conflicts with justice.

Question 5

What was the focus of punishment in the 19th century?

Answer 5

According to Garland, Public protection and retributive justice.

Question 6

What significant change occurred in the 20th century regarding punishment?

Answer 6

A shift towards rehabilitation and reform.

Question 7

What about imprisonment rates between the 1970s and 2014?

Answer 7

According to Newburn, the number of imprisonments doubled.

Increase in rhetoric in media and politicians cracking down

Question 8

Define ‘penal welfarism’ as described by Garland.

Answer 8

A practice where the Criminal Justice System tried to catch, punish, and rehabilitate offenders for re-integration into society

Question 9

What has the state abandoned according to the text?

Answer 9

‘Penal welfarism’.

Question 10

Why did the state abandon ‘penal welfarism’?

Answer 10

Individual freedoms increased while social bonds weakened, life more uncertain and less predictable

Despite crime decreasing, public more worried about crime than ever

Question 11

What are the state primarily concerned with?

Answer 11

Convincing the public that it’s taking a tough approach on crime and reassuring communities that something is being done about crime

Question 12

What are key ideas linked to retribution?

Answer 12

• Just deserts
• Proportionality

Question 13

What is the concept of ‘just desserts’ in relation to retribution?

Answer 13

A backwards-looking punishment linked to the idea of retribution.

Question 14

What does proportionality in punishment refer to?

Answer 14

The idea that the punishment should fit the crime.

It should be equal or proportional to the harm done

Links to idea of a tariff system: fixed minimum period/penality for offence

Question 15

What is the function of retribution?

Answer 15

A way in which society can reinforce the moral condemnation it feels at the crime

Seen as a justifiable reaction to the crime itself, not concerned with being a way of preventing future offences

Question 16

What’s an example of retribution in the CJS?

Answer 16

Hate crimes can carry an ‘uplift’ or higher tariff sentence

Maximum penalty for GBH: 5 yrs prison time
- can increase to 7 if proven to be racially motivated
- reflects outrage of society at the event

Question 17

What theories does retribution link to?

Answer 17

Rational choice theory: punishment reminds everyone of the consequences of breaking a law

Links to right realism and crime control model of CJS

Question 18

What is penal populism?

Answer 18

Relates to longer sentences for certain crimes often driven by political decisions.

To please the public, government at the time will respond to the anger by giving longer tariff’s for certain crimes
- makes public more likely to vote for the government again for being hard on crime

Question 19

What is the aim of rehabilitation?

Answer 19

To reform offenders and reintroduce them into society.

Forward looking aim with the hope that offenders behaviour will be altered and they wont reoffend

Question 20

What are key ideas linked to rehabilitation?

Answer 20

• Forward looking punishment
• Free will and rational choice = criminal behaviour

Question 21

What does rehabilitation/reformation pressume?

Answer 21

Criminal behaviour is a result of free will and rational choice

Question 22

Where can the aim of rehabilitation be seen?

Answer 22

Community sentencing, probabtion order etc

Could involve unpaid work or completion of an education/training course

Question 23

List some rehabilitation policies.

Answer 23

• Anger management courses
• Support: counselling

Question 24

What theory does rehabilitation link to?

Answer 24

Individualistic theories of criminality

EG: cognitive theories, eysenck’s personality theory and skinner’s operant conditioning theory

Question 25

What theories criticise rehabilitation?

Answer 25

Right realism: rehab has only limited success as offenders go on to reoffend ## Footnote Marxists: shift responsibility for offending onto the individual rather than focusing on how its a reaction to social injustice

Question 26

What does a deterrent look like in the CJS?

Answer 26

- Longer sentences for certain crimes - Harsher prison conditions to prevent offending/recidivism Etc

Question 27

Does individual deterrents work?

Answer 27

Recidivism rates suggest they dont work ## Footnote Bromley Briefings Prison Factfile (Autumn 2017) shows 46% of adults are reconvicted within one year of release - Those serving less than 12 months, increased to 59%

Question 28

Does general deterrence work?

Answer 28

Argued it doesnt work due toit being linked to someone else ## Footnote People arent always aware of the punishments that have been given by court unless its so severe its published by the media

Question 29

What's an example of a severe punishment that was published by media

Answer 29

2011 London Riots ## Footnote 23 year old man was sentences to 6 months in prison for stealing £3.50 worth of water

Question 30

What does the theory of deterrent assume?

Answer 30

* Crimes occur as a result of free will * Offenders consider the consequences * Offenders consider the likelihood of being caught * Criminals see the punishment as undesirable

Question 31

What is the significance of severity versus certainty in punishment?

Answer 31

Both are important in deterring crime. ## Footnote EG: prison term of 3 years for repeated burglary, only a 5% chance of repeated burglaries resulting in a conviction

Question 32

What does rational choice theory suggest about severity v certainty?

Answer 32

Individuals act as rational beings that weigh up the cost and benefits of the crime before they commit them ## Footnote high chance of beng caught and a severe punishment will act as deterrent

Question 33

What's the relevance of situational crime prevention strategies in severity v certainty?

Answer 33

Effective in deterring certain types of crime bc theyre seen as not worth committing as the risks of being caught are too high

Question 34

What does the Crime Act 1997 introduce for repeat offenders?

Answer 34

Mandatory minimum jail sentences. ## Footnote EG: life sentence for second serious sexual or violent offenders

Question 35

What is one useful purpose of the prison system?

Answer 35

To protect society from dangerous criminals. ## Footnote long prison sentence most obvious form of incapacitation

Question 36

What approach does reparation favor?

Answer 36

favoured by left realists - a victim-centered approach ## Footnote compensates the victim for the crime - increasing number of scheme that bring offenders and victims together for direct reparation

Question 37

What does restorative justice allow victims to do?

Answer 37

Explain the impact of the crime on them to the offender.

Question 38

What is denunciation in the context of punishment?

Answer 38

Reinforces moral and ethical codes or boundary maintenance. ## Footnote links to functionalist theory regarding social solidarity