AC 2.3 - Discharges

Question 1

what are Discharges?

Answer 1

• given for the least serious offences
• a person is released from court with no further action
• still get a criminal record
• absolute discharges
• conditional discharges

Question 2

what is an absolute discharge?

Answer 2

• court have not given a punishment
• experience of going to court is enough punishment

Question 3

what is a conditional discharge?

Answer 3

• if offender commits another crime they could be sentenced for the first offence and also the new one

Question 4

how do Discharges meet the aim of retribution?

Answer 4

• conditional discharges could be argued to get revenge on the person - they know if th4ey do anything else they will be sentenced

Question 5

how do Discharges not meet the aim of retribution?

Answer 5

• discharges may not be serious enough to fulfil the aim
• it may not get revenge for the victim or their family

Question 6

how do Discharges meet the aim of rehabilitation?

Answer 6

• the experience of going to court and going through the justice system could be enough to rehabilitate someone

Question 7

how do Discharges not meet the aim of rehabilitation?

Answer 7

• discharges don’t seek to alter behaviour, it doesn’t try to resolve the cause of the criminal behaviour
• if the crime was committed due to an addiction / mental health condition, the punishment doesn’t get to the cause and meet rehabilitation
• a community sentence would work better

Question 8

how do Discharges meet the aim of deterrence?

Answer 8

• lowest level of a punishment and are in effect a warning to the individual about their future conduct
• a conditional discharge may be enough to deter someone not to commit crime
• there is a low rate of reoffending after a discharge as it is usually a first offence - experience of going to court is enough punishment for them to change their ways

Question 9

how do Discharges not meet the aim of deterrence?

Answer 9

• there is no physical punishment
• individual may feel they have gotten away with the crime and decide to commit more crime

Question 10

how do Discharges meet the aim of public protection?

Answer 10

• if the discharge is enough to stop the individual reoffending the the public are protected

Question 11

how do Discharges not meet the aim of public protection?

Answer 11

• there is no physical punishment such as prison where the public protected from people because they can’t leave
• with a discharge there isn’t anything like this

Question 12

how do Discharges not meet the aim of reparation?

Answer 12

• there is no making amends in this situation, the offender gets no punishment

Question 13

how do Discharges meet the aim of denunciation?

Answer 13

• some may argue the process of going through the court system & trial is enough to reinforce the moral boundaries of society
• it can act as boundary maintnenance

Question 14

how do Discharges not meet the aim of denunciation?

Answer 14

• could be argued that because there is no actual punishment it doesn’t actually stress what the individual has done wrong