AC2.3 Assess how forms of punishment meet the aims of punishment

Question 1

What are the two types of sentences in prison?

Answer 1

Life sentence and determinate sentence

Question 2

What is the life sentence?

Answer 2

The most serious punishment a UK court can give. The judge sets the minimum time an offender must spend in prisons, and if they are safe to be released after this time. If they are released, they are on license and must follow specific rules for the rest of their life.

Question 3

What is a determinate sentence?

Answer 3

One with a fixed length, most prisoners in the UK are serving these. In most cases, they do not serve the full length and may be let out earlier than expected.

Question 4

How does imprisonment meet retribution?

Answer 4

People will suffer in prison as living conditions are bad and they may be spending life in prison.

Question 5

How does imprisonment not meet retribution?

Answer 5

Prison has been criticised for being too soft. Also, in October to December 2022, it was found that 26.4% of offenders re-offended, which shows that prisons do not work well.

Question 6

How does imprisonment meet deterrence?

Answer 6

People may have a bad experience in prison or been told bad things about it, so they don’t commit crimes to avoid going to prison.

Question 7

How does imprisonment not meet deterrence?

Answer 7

Deterrence only works if rational choice is true. However, many offenders commit crimes under the influence of drugs or alcohol, so mat not be carefully considering the risk of being sent to prison when committing the offence. Prison has a poor record of reoffending, which goes against the idea that it is an individual deterrent.

Question 8

How does imprisonment meet incapacitation?

Answer 8

If people are locked in prison, they cannot affect anyone/anything in wider society, Longer prison sentences protect the public best because there is a lower rate of reoffending.

Question 9

How does imprisonment not meet incapacitation?

Answer 9

Prison can be a school for crime (Sutherland), where prisoners acquire skills, attitudes, and tricks of the trade. So when they come out of prison, they may be worse in terms of the amount and severity of crime they are committing.
Prisoners can still commit crime inside prison for example drug dealing.

Question 10

How does imprisonment meet reparation?

Answer 10

Under the Prisoners Earning Act 2011- prisoners wo are permitted to work in prison can be made to pay a proportion of their earnings towards victim support and pay for new support services , helping victims to recover from the trauma of crime and forcing criminals to take responsibility for the harm they caused

Question 11

How does imprisonment not meet reparation?

Answer 11

In practice very few prisoners have the opportunity to earn money in this way
In general prison does little in terms of reparation

Question 12

How does imprisonment meet rehabilitation?

Answer 12

Prison provide opportunity to deal with the cause of their offending and prepare them for a crime free life. This is demonstrated by the recidivism figures being lower for those on longer sentences than those on short sentences.

Question 13

How does imprisonment not meet rehabilitation?

Answer 13

If rehab works, then recidivism rates for prisons should be very low. Yet those who have served long enough to access rehab, 20.4% still reoffend
Short sentences means that people there is not enough time for people to access rehab
Prisoners may just attend rehab as a box ticking exercise to appear well behaved
The Core Sex Offender Treatment Programme- 10% of the people who took part in the group sessions committed at least one further sexual assault offence in comparison to 8% of the non-treatment group.

Question 14

What is a community sentence?

Answer 14

A non-custodial sentence which requires an offender to perform community service, observe a curfew, undergo treatment for drug or alcohol addiction, instead of going to prison

Question 15

How do community sentences meet retribution?

Answer 15

Curfews and exclusion orders restrict offenders movements.
Those doing unpaid work have to wear high visibility vests with community payback on the back. This is public naming and shaming could act as retribution.

Question 16

How do community sentences not meet retribution?

Answer 16

They are seen as a soft form of punishment, particularly for certain crimes, so would not accept them as meeting the aim of retribution#
See later criticisms of the probation service who carry out community orders- if they are not keeping offenders to the rules of their own order then it is not serving retribution

Question 17

How do community sentences meet reparation?

Answer 17

They involve doing paid work to repair the damage they have caused to a victim’s property
It can involve community payback, for example removing graffiti. Anyone can nominate a project within a community for offenders to work on.

Question 18

How do community sentences meet rehabilitation?

Answer 18

Rehab programmes can be made a compulsory part of any community order- drug treatment, education.
Studies have shown that community sentences are more effective at rehabilitating offenders- in one MOJ study, reoffending for those of community order was 4% lower than for short prison sentences.

Question 19

How do community sentences not meet rehabilitation?

Answer 19

The use of community orders has declined. Between 2007 and 2017 their use fell from 14% to 8%, so their rehabilitative impact will be lost.
Around 50% still reoffend, so not everyone is rehabilitated.

Question 20

How do community sentences meet deterrence?

Answer 20

Public naming and shaming of offenders is highly visible to the general public so this may put people off committing crime.
The strict nature and restrictions of the orders may act as an individual deterrent against future offending
The recidivism rates above suggests that CO’s are acting as an individual deterrent

Question 21

How do community sentences not meet deterrence?

Answer 21

Some see them as too soft and therefore would not act as a deterrent
34% of offenders reoffend after a CO so they have not been individually deterred

Question 22

What are fines used for?

Answer 22

Normally given for less serious offences, therefore often used by Mags courts.

Question 23

What does the size of a fine depend on?

Answer 23

Must reflect the seriousness of the offence. Must also take into account the financial circumstances of the offender. Mitigating circumstances- is this their first crime committed?

Question 24

How do fines meet retribution?

Answer 24

They make someone literally pay for their crimes- may cause financial hardship and restrictions in their personal life

Question 25

How do fines not meet retribution?

Answer 25

Not for wealthy people, unlikely to have too much of an effect on their lives Failure to pay- between 2009-2013, a total of £237.1 million had to be written off because it was concluded that there was no realistic chance of collection

Question 26

How do fines meet deterrence?

Answer 26

Fines are a common way or 'disposing' of first offenders from the CJS, as they are used as a warning of worse to come if they reoffend

Question 27

How do fines not meet deterrence?

Answer 27

If you are wealthy, a fine is less likely to act as a deterrent Failure to pay is also an issue for deterrence

Question 28

What is a discharge?

Answer 28

When a court finds someone guilty of a minor. first time offence but decides not to hand down a criminal conviction

Question 29

What are the two types of discharge?

Answer 29

Conditional and absolute

Question 30

What is a conditional discharge?

Answer 30

A suspended sentence- offender will not be punished unless they commit another crime within a set period of time laid out by the court. If they do they will be punished for the original crime and the new one

Question 31

What is an absolute discharge?

Answer 31

No penalty imposed, usually because the defendant is morally blameless

Question 32

What is the main aim of discharge?

Answer 32

Deterrence- they are a warning as to the individuals future conduct. Conditional discharge means the offender has the threat of a sentence hanging over them for a period of time, so it deters them from committing future crimes. Also, the court is enough just to put them off.