AC 2.3 - Financial Penalties meeting the Aims of Punishment

Question 1

What is a Financial Penalty? (3 points)

Answer 1

• A monetary punishment imposed on an individual who has been convicted of a crime
• The purpose of imposing financial penalties is multifaceted, including - deterrence, retribution, and reparation
• The ability of the offender to pay may be considered during sentencing, with adjustments made based on their financial situation

Question 2

What are Fines? (1 point)

Answer 2

• Most common type. The court sets the amount of a fine based on the severity of the offence & income of the offender

Question 3

What are Compensation Orders? (2 points)

Answer 3

• When the offender pays the victim compensation for the crime
• E.G. personal injury, losses from theft, or damage to property

Question 4

What is Asset Forfeiture? (2 points)

Answer 4

• Ensures that crime does not pay by seizing and confiscating assets acquired by individuals as a result of crime
• E.G. cash, property, vehicles

Question 5

How do Financial Penalties achieve Retribution? (2 points)

Answer 5

• Proportionate Sentences: Can be tailored to severity
• Economic Loss: Financial penalties can have a direct impact on offender’s economic well-being = they experience a punitive consequence

Question 6

How do Financial Penalties FAIL to achieve Retribution? (2 points)

Answer 6

• Written-off Fines: In 2014, up to £250 million worth of fines written off/cancelled as offenders were no longer traceable
• Unequal impact: Wealthy individuals may simply view fines as a minor inconvenience

Question 7

How do Financial Penalties FAIL to achieve Rehabilitation? (1 point)

Answer 7

• Lack of rehabilitation: No intention to reform or address the root cause of crime

Question 8

How do Financial Penalties achieve Deterrence? (3 points)

Answer 8

• Rational Choice: According to RR’s, potential offenders weigh up costs & benefits of their actions. Financial penalties increase the perceived cost
• Escalating Consequences: When not met, courts can increase sentencing which should create individual deterrence
• Reoffending rates - RESEARCH: Fieldman (1993) found fines are more effective than community orders & imprisonment for first-time offenders

Question 9

How do Financial Penalties FAIL to achieve Deterrence? (2 points)

Answer 9

• Reoffending rates: Those who pay the speeding fine have a higher reoffending rate than those who complete the speeding awareness course - Not an effective individual deterrent
• Low impact on companies: Some deem fines as an ’operating cost’

Question 10

How do Financial Penalties achieve Public Protection? (1 point)

Answer 10

• Deterrence leads to protection: Discouraging individuals using the fear of financial consequence reduces likelihood of crime = protecting the public

Question 11

How do Financial Penalties FAIL to achieve Public Protection? (2 points)

Answer 11

• Lack of incapacitation: No form of incapacitation. Vast majority given fines retain their freedom & still live in the community
• Failure to address Root Causes: Typically do not address root causes, overlooking underlying factors = limiting the effectiveness of PP efforts

Question 12

How do Financial Penalties achieve Reparation? (2 points)

Answer 12

• Criminal Compensation Orders: Requires the offender to pay a specific amount of money to the victim for the losses they suffered
• Funding Community Programmes: Money from fines usually put towards improving the CJS or community. E.G. in Devon, speeding fines help fund ’Bikeability’

Question 13

How do Financial Penalties FAIL to achieve Reparation? (2 points)

Answer 13

• Unpaid fines: More than 50% of the compensation hadn’t been paid within 18 months
• Inadequate Compensation: Amount of fines imposed may not fully cover the actual losses suffered. Such as how pain & suffering are difficult to quantify monetarily

Question 14

How do Financial Penalties achieve Denunciation? (1 point)

Answer 14

• Declaration of Wrongdoing: Demonstration the CJS officially disapproves which helps to achieve Boundary Maintenance by showing society what is/isn’t acceptable

Question 15

How do Financial Penalties FAIL to achieve Denunciation? (1 point)

Answer 15

• Unpaid fines: In 2014, £250 million of compensation was written off. Currently £1.5 billion of unpaid fines - with so many not fulfilling their sentence, denunciation is undermined & weakened