AC 2.3 Flashcards
(28 cards)
How does imprisonment meet the aim of retribution?
-prisoners have their guarantees and freedoms removed and they deserve the punishment they are given
How does imprisonment not meet the aim of retribution?
-contradicts retribution because they have an incentive to behave accordingly due to reward schemes within prisons and can result in time spent there being fairly pleasant.
-Does not fully compensate the victims of the offenders crimes and short custodial sentences are ineffective, overall at reducing the rates of reoffending.
-For instance, the January to March 2022 cohort of offenders saw a 25.5% rate of reoffending, demonstrating how custodial sentences are relatively ineffective at punishing the offenders as the experiences are supposedly harsh conditions do not prevent a large quantity of offenders from committing further crimes.
How does imprisonment meet the aim of rehabilitation?
-custodial sentences meet the aim of rehabilitation because there are education programmes within prisons which can alter the offenders behaviour and mindset to reduce the risk of them committing further crimes and they are taught skills which will enable them to positively contribute to society upon release.
-offenders serving a suspended sentence can rehabilitate via the conditions when serving their sentence in the community. This is evidenced by the reoffending rates where, according to gov.uk, adults released from custodial sentences of less than 12 months had a reoffending rate of 55.5% whereas those with sentences of 12 months or more reoffended at a rate of 20.4%. This highlights how the more time the offender spends in prison taking part in the internal programmes, the less likely they are to offend upon release.
How does imprisonment not meet the aim of rehabilitation?
-in contrast, the recidivism rates are still extremely high which suggests that the rehabilitation programmes and systems are not very effective in reforming criminals behaviour.
How does imprisonment meet the aim of deterrence?
-Custodial sentences meet the aim of individual deterrence because those who have been in prison are deterred from reoffending due to the harsh conditions and lack of freedom.
-custodial sentences meet the aim of general deterrence because observing others receiving a harsh custodial sentences will deter the public from doing the same due to fear of punishment. For example, people were given disproportionately high sentences for the crimes they had committed in the London Riots 2011 in order to prevent the public from participating, with some people receiving custodial sentences lasting multiple years just for organising a riot which never occurred.
How does imprisonment not meet the aim of deterrence?
-does not meet the aim of individual deterrence due to the extremely high reoffending rates which suggest prison conditions do not deter offenders from going on and committing further criminality.
-for general deterrence, people are not always aware of the punishments which are handed out unless they are reported in the media.
-this deterrent is ineffective as crime still occurs in everyday life so sending criminals to prison does not deter the public from committing crime
How does imprisonment meet the aim of public protection?
-dangerous offenders can be given indeterminate sentences and Parole Boards can assess the risk that offenders pose to the public so they will only be released if the safely of the public is guaranteed. A case example of this would be John Worboys whose release was overturned because he was posed as too much of a danger to the public.
How does imprisonment not meet the aim of public protection?
-recidivism rates are still very high at 42%, which means that on release a large proportion of the prisoners are further victimising members of the public so they are not protected.
How does imprisonment meet the aim of reparation?
-prison sentences align with the aim of reparation because the offenders are paying for their crime that they have committed by losing their freedom as well as their civil liberties.
-some prisoners also take part in Restorative Justice where they can write a letter of apology to the victims/the victims families who were affected by the crime while they were in prison.
How does imprisonment not meet the aim of reparation?
-not all offenders choose to take part in restorative justice and some prisons will refuse to take part.
-just by being in prison does not mean that they are directly repaying their crimes if they are not taking part in activities to do so because they are only being separated from the public. This is evidenced by the rate at which prisoners take part in restorative justice. In the 2019 Crime Survey for England and Wales found that only 1 in 20 victims with a known offender recalled being given the option of restorative justice that year.
-prisons are not viewed as harsh enough.
How do community orders meet the aim of retribution?
-offenders are punished and their freedom can be limited with license conditions, such as curfews, tag or residence requirement.
-offenders could receive a harsh amount of hours for unpaid work which achieves retribution as it restricts their freedom and civil liberties with the tasks they must complete.
How do community orders not meet the aim of retribution?
-offenders have the freedom of being within society and still pose a threat to the public.
How do community orders meet the aim of rehabilitation?
-they learn new behaviours and techniques to live law abiding lives though mental health, drug treatment or education. For instance, 34% of recipients of community sentences have a low reoffending rate.
How do community orders not meet the aim of rehabilitation?
-high recidivism as there is a lack of severity of punishment and some offenders fail to change their behaviour. For example, 56% of offenders serving a community sentence commit another offence within a year.
-in order for an offender to rehabilitate and change their mindset they must consent first otherwise they are unable to reform.
How do community orders meet the aim of deterrence?
-acts as a general deterrent to the public because of the shame and embarrassment of carrying out a sentence in public such as house arrest or having a tag or curfew.
-it deters the public because community orders provide the opportunity to avoid custodial sentences but there is still a threat of a more severe punishment.
How do community orders not meet the aim of deterrence?
-do not act as a deterrent to individuals due to there being a lack of severity of punishment and failure to change behaviour, which means there is high recidivism. For example, 56% of offenders serving a community sentence commit another offence within a year.
- offenders have been exposed to other criminals with bad influence, which could lead to them to commit criminality again.
-community sentences do not act as a deterrent to individuals because they still have their freedoms and access to the public, which means they can commit further criminality.
How community orders meet the aim of public protection?
-community orders help protect the public with license conditions such as curfews, passports and tags that restrict the movements and actions of an offender that makes them unable to commit a crime as they will be recalled to prison. From the 31st March 2022, there were 15,282 people in the criminal justice system wearing a tag.
How do community orders not meet the aim of public protection?
-offenders still have access to the public and the community, which means they are able to commit crime with the freedom of movement and access.
-offenders wearing a tag or having a curfew does not physically restrict them from leaving the house and committing crimes. For instance, Lee Howard breached his community order by failing to attend probation appointments and committed theft.
How do community orders meet the aim of reparation?
-there are opportunities to fix the physical damage through unpaid work or restorative justice, such as a written apology to affected parties.
-there is a reparation order for 10-17 year olds (youth offending) and restorative justice opportunities.
How do discharges meet the aim of retribution?
-public opinion and juries supporting the punishment and viewing it as proportionate due to victims being ‘morally blameless’. They can be seen with the Thirsk Rail Crash in 1892 as he received an absolute discharge due to being ‘morally blameless’, which still meets the aim of retribution as he had to lift with the guilt from the event.
-discharges are proportionate as they are only given for minor and less serious offences and that are seen as a less serious/minor punishment. For example, Kay Gilderdale received a 12 month conditional discharge for assisted suicide.
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How do discharges not meet the aim of retribution?
-absolute discharges do not meet the aim of retribution because the punishment does not display public revulsion due to the lenient nature of an offender not being charged with a crime.
How do discharges meet the aim of rehabilitation?
-encouragement for the offender to change their behaviour and live law abiding lives due to the second change provided by the courts with conditional discharges.
How do discharges not meet the aim of rehabilitation?
-no encouragement or requirement to attend programmes or take action to improve or change behaviour/trust the offender and provide the benefit of the doubt.
-a discharge remains on a persons criminal record for three years. For instance, only 17% of people with criminal records get a job within a year of release according to the Ministry of Justice.
How do discharges meet the aim of deterrence?
-conditional discharge meets the aim of individual deterrence because the offender is deterred from reoffending due to the threat of further more serious punishment, such as custodial sentences.
-discharges meets the aim of general deterrence due to the shame and embarrassment of a trial and living with a discharge.
