AC2.3 - Assess how forms of punishment meet the aims of punishment Flashcards
(41 cards)
What is imprisonment?
Mandatory and discretionary life sentence, fixed term and indeterminate sentences, suspended sentences
What are examples of community sentences?
- Unpaid work
- Curfew
- Drug treatment and testing
- Supervision (probation)
What are fines?
Depend on financial circumstances of the offenders and seriousness of offence
What are conditional discharges?
Where the defendant reoffends during a set period of time (up to 3 years), the courts can impose a different sentence
What are absolute discharges?
When no penalty is imposed as the defendant is guilty but morally blameless
How do custodial sentences meet the aims of punishment?
Custodial sentences are handed down by courts for the most serious offences, or when the court believes that the public must be protected by removing the offender from society.
What are the 3 kind of prison sentence in the UK?
Indeterminate and life, determinate and suspended
How do life sentences meet the aims of punishment?
A life sentence is the most serious punishment available to our courts. The judge sets the minimum time that the offender must spend in prison before they can be considered for release by the parole board. Offenders who receive a life sentence spend on average, 16 years in custody. When released, they continue to serve their sentence for the rest of their lives. They are subject to monitoring and restrictions (supervised by probation officer) and can be returned to custody at any point if they break the terms of the licence
How do indeterminate sentences meet the aims of punishment?
Put in prison but not given a release date, can only be released when the parole board decide when. These are dangerous offenders and might suggest that prison is achieving the aim of protection of society. Although they were abolished, there are many still serving them in prison. In Jan 2018, it was announced John Worboys was to be released provoking public outcry
What is the case of John Worboys?
He drugged his victims with alcohol laved with drug claiming to be celebrating the lottery. He had 100 victims. He was arrested in 2008, convicted of raping 12 thought to be over 100. Parole board were set to release him because he received an IPP, they thought that he was no longer a threat. 4 victims came forward and he was resented receiving 2 life sentences
How do determinate sentences meet the aims of punishment?
The majority of people sent to prison are given fixed term sentence and therefore know the amount of time they have to serve. Most prisoners in the UK serve a determinate sentence. In most cases, not all the sentence is served in prison: anyone given a sentence of between 2 days but less than 2 years will be released on licence halfway through their sentence. They are on licence until the end of their sentence with an additional post sentence supervision of at least 12 months. Prisoners serving over 2 years will serve half of their sentence in prison and the remainder in the community, subject to supervision and including conditions. This could point to the aim of rehabilitation (when released, supervised by probation officer and will have to do unpaid work or drug testing) being achieved or at least an attempt at it
How does imprisonment achieve retribution?
The prison sentence is proportionate to the crime committed e.g., murder = life sentence. It punishes the offender by taking away their freedom which is seen as just desserts
How does imprisonment achieve public protection?
A prison sentence physically incapacitates someone, they are not in society so it removes the chances for them to commit crime.
Lombroso said people were born criminal so the only way to prevent someone from committing crime is to physically incapacitate them, protecting the public
How is individual deterrence achieved through imprisonment?
The offender will not want to experience prison again so it will deter them from reoffending. Don’t want to experience prison again or receive a worse sentence
Why would individual deterrence not be achieved through imprisonment?
46% of adults are re-convicted within 1 year of release - Bromley Briefings Factfile 2017 - 59% recidivism rate for those who had a sentence of less than 1 year - universities of crime
Why would SLT argue individual deterrence isn’t achieved through imprisonment?
Prisons are a university of crime so imprisonment isn’t effective because they learn from other prisoners
Why would right realists argue general deterrence is achieved through imprisonment?
Harsh punishments such as prison may deter other offenders as fear of prison may outweigh the benefits of committing the crime
How does imprisonment achieve rehabilitation?
Halfway through a determinate sentence, a person is let out on probation where they will be unpaid work and drug tests. Prisons offer courses such as NVQ. GovUK: between 2021/22 49,855 prisoners on courses
How does imprisonment not achieve rehabilitation?
Other than imprisoning an offender, there is no attempt at modifying their behaviour. Coates 2006 reported that 3/5 of offenders leave prison without a successful outcome of enhanced employment or educational§ skills - doesn’t mean they pass
How does imprisonment achieve reparation?
The victim will feel a sense of justice from the offender being in prison
What are some examples of community sentences?
- Carrying out between 40 and 300 hours of unpaid work
- Undergo alcohol or drug treatment to tackle causes of offending
- A curfew or an exclusion order
- A residentiary requirement
- A group programme such as anger management
- 3/4 of those in prison have at least 1 community sentence
What are the Bromley Briefing statistics about community sentences?
Use of community sentences have nearly halved and account for 9% of sentences. They are 8.3% more effective at reducing one-year reoffending rates than custodial sentences of less than 12 months for similar offences
What did the BBC report about community sentences?
2013 that more than 3/4 of people sent to prison the pervious year had at least 1 previous community sentence showing they don’t achieve as much individual deterrence
How do community sentences achieve reparation?
Making social amends with the community so not labelled as a criminal - given a chance to move on from the label which they wouldn’t be able to do if they were in prison. Grafitti can be fixed through cleaning
