AC 2.3 Flashcards

1
Q

imprisonment examples

A

1 - mandatory life sentences: incarceration for public protection, available for murder if over 18 years. full term to 15 years.
2 - home detention curfew: early release from prison on curfew.
3 - fixed/ determinate sentences: automatic release after half of sentence is served.
4 - indeterminate/ unsuspected: dangerous offenders for public protection, minimum tariff and parole not guaranteed.

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2
Q

retribution - prison

A

p - freedom is taken away and conditions can sometimes be unpleasant.
c - difficult to decide how to make the length of the sentence proportional to crime.

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3
Q

deterrence - prison

A

p - threat of prison is said to put people of commiting crime.
c - 48% of prisoners reoffend within a year of release and this rises to 64% in short sentences.
c - many prisoners are recalled for breaching licence conditions ( 6789 in 2019)
p - prisoners release are often supervised for period of time.

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4
Q

public protection - prison

A

p - longer sentences have been used more often in recent yrs.
p - cannot harm the public
p - whole life sentences permanently keep offenders of street.

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5
Q

reparation - prison

A

c - prison sentences are costly
c - very few prisoners earn money outside of prison during sentence
p - under prisons earning act 2011, prisoners who are permitted to work outside of prison during sentence have to pay part to victim support.

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6
Q

Rehabilitation - prison

A

c - high reoffending rates of ex offenders
c - can still cause harm to prison staff and inmates
c - general rehab shortages in prison
c - prison been referred to as school of crime and offenders acquire more skills they can use to re offend.

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7
Q

community sentences - example

A
  • may get a community sentence if convicted of a crime but not sent to prison.
  • may have to do unpaid work
    get community sentence if: damaged property, benefit fraud, assault
    13 requirements: doing up to 300 hours unpaid work
    2 -being obliged to live a certain address
    3 - taking part in programme to help change offending behaviour.
    4 - sticking to curfew
  • in 2019, 87,000 offenders were sentenced to a community sentence.
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8
Q

retribution - community sentence

A

p - public naming and shaming by wearing vests, counter might not embarrass them, not that bad.
c - breaches lead to prison, counter some people still reoffend.
p - curfews and exclusions, make them suffer by limiting freedom, counter not fully limited.

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9
Q

reparation - community sentence

A

300 hours and unpaid work
p - work may be to repair damage to victim or community
c - community rather then direct victim

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10
Q

public protection - community sentence

A

c - offender are not locked away as part of their punishment, no public protection

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11
Q

rehabilitation - community sentence

A

p - community sentences aim to address cause of offending e.g. addiction/ homelessness, counter addicts more likely to relapse
p - recidivism rates are lower following community sentences then short prison stays.
c - people still reoffend

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12
Q

fines

A

ant mcpartlin - drink driving, £86,000 fine, 20 month ban
- fines are most common type of sentence given by courts, given for lower levels of crime.
- in 2019, 78% of all offenders received a fine, a total of 927,000 offenders. taken from MOJ
- maximum fine allowed in magistrates and crown court is unlimited ( maximum before march 2015 is 5,000)

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13
Q

retribution - fines

A

c - rich wont effect you
c - not that serious, freedom isnt taken away
- punishing someone financially can often make a big impact, make them suffer for harm they caused.

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14
Q

deterrence - fine

A
  • before: threat of money. will put you of
  • often effective with first offenders as they give them taste of justice.
  • threat of fine may deter someone from committing the offence,
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15
Q

discharge

A

discharges are given for the least serious offences such as minor theft.
- discharge means the person that the person is released from court without any further action , still get criminal record.
- conditional charge: means that, if the offender commits another crime, they can be sentenced for first offence and the new one.
- in 2019, 42,000 offenders were given a discharge, representing 4% of offenders sentenced.

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16
Q

how does discharging someone meet aims of punishment

A
  • key aim is deterrence with some first time offenders or young offenders, a discharge and then fear of being dealt with is enough.
  • court is worried that offenders have not taken this serious enough then they can make a conditional discharge ‘ hanging over their head’.
  • some have argued that this is strenuous enough sentence type for criminals who are impervious to criminal justice system.