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

Question 1

What are factors the court has to take into account when deciding the type of sentence?

Answer 1

Aggravating factors- Make your sentence harsher e.g if u use a weapon, it is a racial attack, repeat offender etc.
Mitigating factors- Reduce your sentence e.g if you show remorse or guilt, first time offender and have a good character reference

Question 2

What are the types of prisons sentences that a court can issue?

Answer 2

Mandatory- Judge has to give a specific sentence for a specific crime set out by the law.
Tariff- length of time given in prison
Suspended- When a prison sentence is given but the offender only goes to prison if they break certain rules.

Question 3

Do prisons work?

Answer 3

YES- There are rehab programmes to reform offenders.
- They are good for protecting the public and providing justice for the victims
NO- Reoffending rates are high after imprisonment showing they are ineffective.
- Lack of funding - less abilities to pay for better resources

Question 4

What is a community sentence?

Answer 4

Sentences given to minor offences where offenders work in the community

Question 5

Examples of community sentences..

Answer 5

1. Unpaid work 2. Curfews and electronic tagging 3. probation 4. rehabilitation programmes 5. banned activities

Question 6

Are community sentences effective?

Answer 6

Yes- they can help rehabilitate offenders by helping the community
No - No protection of society

Question 7

What types of fines are issued by the courts?

Answer 7

1. Penalty (fines for speeding)
2. Compensation
3. Environmental/corporate
4. Default fines

Question 8

Are fines effective?

Answer 8

Yes- Acts as a deterrent because you do not want to lose money
No- Does not protect the public from potentially dangerous offenders

Question 9

What is a discharge?

Answer 9

When a person is convicted but the courts decide to take no further action

Question 10

What are the two types of discharge?

Answer 10

Absolute- No penalty imposed at all
Conditional- Conditions in place, for examples an offender will not be sent to prison unless commit a crime, then they will be sent to prison

Question 11

Is the use of discharge effective?

Answer 11

Yes- Can act as a deterrent because you are going to court which may deter you from committing a crime again.
No- Does not rehabilitate someone