AC2.3 Flashcards
(20 cards)
What are the five aims of punishment?
Retribution, deterrence, public protection, reparation, rehabilitation
What are the four forms of punishment?
Fine, discharge, imprisonment and community sentence
What is a fine given for?
Less serious offences (magistrates)
What do fines depend on?
offence, circumstance, offenders ability to pay and what court is hearing the case
How do fines meet The 5 aims of punishment?
Retribution- being punished by having to pay for damage, sacrifices made
Deterrence- May avoid reoffending to avoid losing money
Public protection- Person still released- aren’t fully protected
Reparation- paying for damage
Rehabilitation- consequence can motivate individuals to avoid further offending
What is a discharge given for?
Minor offences (usually first time)
What are the two types of discharge?
conditional and absolute/unconditional
What is a conditional discharge?
Up to 3 years
criminal record
Unpunished unless another crime is committed
What is an absolute/unconditional discharge?
No punishment
Inappropriate to punish (morally blameless)
No criminal conviction
How do discharges meet the 5 aims of punishment?
Retribution- acknowledge offenders guilt as punishment can’t be used
Deterrence- lower level of punishment, only used to warn
Public protection- Offender in community (not really protected), conditional charges protect as if broken offender could be sent to prison
Rehabilitation- avoiding more negative impacts of a more severe punishment, encouraged to reform and reintegrate into society, conditional can include requirements such as counselling
What is imprisonment given for?
Most serious offences or when public need protection (handed down by courts)
What are the 3 types of sentences?
Life sentence, determinate and suspended
What are life sentences?
For the most serious (mandatory for murder)
Intermediate (minimum time, released on licence)
What are determinate sentences?
Fixed length (under 12 months released halfway, 12 or more first half in prison rest community service)
What happens if a determinate sentence is less than 2 years?
Released on post sentence, supervision for 12 months, regular meetings with probation officer
What are suspended sentences?
Doesn’t go directly to prison, can be up to 2 years, may impose requirements
How does imprisonment meet the 5 aims of punishment?
Retribution- prison punishes, freedom taken away, How do we know punishment fits crime (people may disagree)
Deterrence- freedom taken away + living in unpleasant conditions may prevent from committing further crimes, however high reoffending rates (is it effective?), must think and act rationally for it to work (affected by alcohol and drugs)
Public protection- Taken out of community, some are released, high costs, can fight and harm one another in prison
Reparation- Earnings act 2011: prisoners who work outside of prison for release can pay to victim support services, not many have chance to earn money in prison
Rehabilitation- Short sentences often leads to reoffending, can be given education and training to prevent reoffending (lack of funding for these services
What is community service given for?
Offences that are too serious for a discharge but serious enough for a prison sentence
What can be included in community service?
Curfew, group programmes (anger management), supervision by probation officers, litter picking.
How does community service meet the 5 aims of punishment?
Retribution- it includes an element of punishment, limits freedoms
Deterrence- punishment outweighs cost
Public protection- Offenders are out in public, breach terms can be sent to prison
Reparation- can doing unpaid work repair damage
Rehabilitation- can address needs that cause offenders to offend e.g. drug misuse and treatment can be imposed, 34% reoffend after compared to 64% doing prison sentences, prison reform trust is most effective with previous offences
