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

(35 cards)

1
Q

What are the types of punishments set to punish offenders?

A

Imprisonment
Community sentences
Fines
Discharges

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2
Q

When is imprisonment given?

A

For very serious offences and to protect society from the offender.

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3
Q

A type of prison sentence. L

A

Life sentences. Even if released the offender remains in licence and is supervised by probation services for the rest of their life. If conditions are broken they return to prison.

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4
Q

A type of prison sentence. I

A

Indeterminate sentences are a minimum time offenders must serve in prison.

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5
Q

How many prisoners were serving indeterminate sentences?

A

In 2018, 10,000 prisoners.

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6
Q

A type of prison sentence. D

A

Determinate sentences have a fixed length but sometimes not all of the sentence is served in prison e.g. a 12 month sentence typically releases the offender halfway.

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7
Q

A type of prison sentence. S

A

Suspended sentences are prison sentences that don’t require going to prison immediately. The court may see more suitable probation or treatment. If they commit offences whilst on suspension they can be sent to serve their original sentence.

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8
Q

How does imprisonment meet punishment aim retribution?

A

It punishes offenders by taking away their freedom.

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9
Q

Evaluation of imprisonment and retribution.

A

It is difficult to determine the exact length of a sentence that is ‘deserved’ for an offence.

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10
Q

How does imprisonment meet punishment aim deterrence?

A

The risk of going to prison deters would-be offenders or actual offenders from committing further crimes.

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11
Q

Evaluation imprisonment and deterrence.

A

Half of prisoners re-offend within a year of release suggests prison is not an effective deterrent.

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12
Q

How many adult prisoners are not detered by imprisonment?

A

Half of adult prisoners are re-convicted within a year of release.

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13
Q

How does imprisonment meet punishment aim public protection?

A

‘Whole life’ sentences keep offenders permanently off the streets and indeterminate sentences keep prisoners in jail as long as they’re a danger to the public.

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14
Q

Evaluation imprisonment and public protection.

A

Prison can teach prisoners how to be more effective criminals as they acquire skills and contacts and it can be costly

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15
Q

How does imprisonment meet punishment aim reparation?

A

There is an Act that can force prisoners who work outside of prison to pay the cost of victim support service to take responsibility for the harm caused.

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16
Q

Evaluation imprisonment and reparation

A

Not many prisoners pay it.

17
Q

How does imprisonment meet rehabilitation?

A

Prison aims to change behaviour.

18
Q

Evaluation imprisonment and rehabilitation.

A

Prisons fail to reduce re-offending rates due to: short sentences that are too short to address long-term problems. Education and training is often limited as there is a shortage of places on courses that address offending behaviour.

19
Q

When are community sentences given?

A

When punishment can’t be too harsh or too lenient. A Community Order may require supervision or unpaid work.

20
Q

How do community sentences meet punishment aims retribution?

A

All community sentences have a level of punishment e.g. wearing vests with ‘community payback’ on the back to publicly shame them.

21
Q

How do community sentences meet punishment aim public protection?

A

Breaches of community sentences can send the offender to prison e.g. electronic tags.

22
Q

How do community services meet punishment aim reparation?

A

Unpaid work to repair the victim’s damaged property is a form of reparation. Reparation to the whole community can be given through Community Payback e.g. removing graffiti.

23
Q

How do community sentences meet punishment aim rehabilitation?

A

Offenders tend to have multiple, complex issues e.g. drug misuse, which may cause their offending which community sentences aim to address

24
Q

How effective are community sentences relative to shorter prison sentences?

A

Community sentences are more effective at rehabilitating than shorter prison sentences, however, the use of community sentences has declined.

25
When are fines given?
Normally for less serious offences these financial penalties are given, normally by magistrates court.
26
What determines the size of a fine?
-The offence committed as any given offence has a maximum fine -The offenders ability to pay -circumstance of the crime e.g. if its a first offence
27
How do fines meet punishment aim retribution?
The offender will lose money so they will suffer from the harm they have done.
28
How do fines meet punishment aim deterrence?
The offender will be reluctant to re-offend for the fear of punishment and fines may be used as a signal that worse could happend if they re-offend.
29
Evaluation of fines and deterrence.
Although offenders who don't pay fines may face prison most fines don't get paid e.g. there are £747 million of unpaid fines.
30
When are discharges given?
When a minor offence is not severe enough to be given a criminal conviction.
31
A type of discharge. C
Conditional discharges mean the offender will not be punished unless they commit another crime in a given period.
32
A type of discharge. U
Unconditional discharges means the defendant is not given a penalty.
33
Additionally to unconditional discharges...
There are absolute discharges which mean technically the defendant is guilty but morally blameless.
34
A case study of discharges
The Thirsk rail crash of 1892 resulted in ten deaths, however, the signalman was given an unconditional discharge due to the unusual circumstances.
35
How do discharges meet punishment aim deterrence?
Although a light punishment it can be a warning.about future conduct as going to court is enough to deter repeating an offence.