Topic 3: Aims and forms of punishment

Question 1

Define retribution?

Answer 1

Retribution is the idea that punishment should be proportional to the crime committed e.g. death penalty for murder

Question 2

What is the biblical expression that retribution is based on?

Answer 2

“An eye for an eye, a tooth for a tooth, a life for a life”

Question 3

Explain how retribution has increased for death by dangerous driving over the last 32 years.

Answer 3

The maximum prison sentence was increased from 5 to 10 years for this offence in 1993, and in the Criminal Justice Act 2003 it was increased again to 14 years.

Question 4

How is retribution linked to right realism?

Answer 4

This theory says crime is a rational choice and if a person chooses to commit a crime, they deserve to be punished for that crime.

Question 5

State 5 types of prison sentences in the UK.

Answer 5

• mandatory
• discretionary
• fixed term
• indeterminate
• suspended

Question 6

Explain how retribution works for the mandatory life sentence for murder.

Answer 6

The offender is given a minimum 25 years in prison regardless of the circumstances.

Question 7

Explain how retribution works for a discretionary life sentence.

Answer 7

A discretionary life sentence can apply to manslaughter, robbery, rape and GBH with intent. It is up to the judge decide whether the offender should be given a life sentence or a certain amount of years.

Question 8

How has retribution for murder offences increased in the last 20 years?

Answer 8

Mandatory life sentences are given to offenders who have committed murder and in most cases it means spending most of their sentence in prison which was an average of 13 years in 2001 however it increased to 17 years in 2021 and continue to serve their sentence outside of prison with restrictions and monitoring.

Question 9

How did Rose West receive the maximum form of retribution in the UK?

Answer 9

She murdered at least 10 young women which resulted in her receiving a whole life order. This means she will spend the rest of her life in prison.

Question 10

What happens when an offender is released on license? How is retribution achieved and is it really achieved?

Answer 10

They are subject to monitoring and restrictions and can be returned to custody at any point if they break their licence. Retribution is achieved because their quality of life is taken away and i believe that is achieved as they do not have full freedom even though they have been released from prison.

Question 11

What is the US maximum form of retribution and why is it ‘pure retribution’?

Answer 11

The death penalty and it is seen as a way to exact revenge on the criminal for their actions.

Question 12

What is ‘just desserts’

Answer 12

Receiving what one deserves e.g. deserving the punishment due to their crime

Question 13

How is retribution achieved through community sentencing?

Answer 13

A community sentence combines punishment with activities carried out in the community. It is seen as retribution because it is punishing the offender without having to send them to prison so society might feel justice has not been served.

Question 14

Examples of community based retribution.

Answer 14

Unpaid work (litter picking), curfew, drug treatment (for alcohol or drugs to tackle re-offending)

Question 15

why is the embarrassment of community sentencing enough punishment for some criminals?

Answer 15

Because it is a public reminder of your crime

Question 16

Why may society feel that retribution has not occurred?

Answer 16

Because the criminal can still walk around within the community with no detainment

Question 17

What retribution was achieved from the punishment of community sentencing on Joey Barton and Wayne Rooney?

Answer 17

They were not able to train for their football games properly therefore affecting their performance

Question 18

What 2 factors will the financial penalty amount depend on? - retribution

Answer 18

Financial circumstances of the offender and the severity of their crime

Question 19

Explain how paying the fine acts as a proportional form of retribution.

Answer 19

The level of the fine is proportional to the act committed by the person with consideration of the financial circumstances of the offender. If they will struggle to pay the fine up front then they can pay instalments.

Question 20

Why would it be harmful to the justice system to insist on fines being excessive and paid upfront? - retribution

Answer 20

It increases the chances of further crimes being committed in order to pay off the fine.

Question 21

According to figures in 2019 what percentage of offenders received a fine? - retribution

Answer 21

78%

Question 22

How many fines were distributed? - retribution

Answer 22

927,000

Question 23

Why is a financial penalty a good form of retribution compared to prison?

Answer 23

It is a good form of retribution for offenders for minor crimes as prison is a severe punishment as it takes their freedom and time from their life. A financial penalty impacts their life without taking up a cell that could be given to someone who committed a worse crime.

Question 24

Define rehabilitation.

Answer 24

Helping offenders change their behaviour so that they do not commit crimes in the future

Question 25

How does prison look to achieve rehabilitation?

Answer 25

Prison aims to provide direction and rehabilitate prisoners back into society by educating them, providing training programs, substance abuse treatments, metal health treatments and life skills training.

Question 26

Why is rehabilitation seen as controversial?

Answer 26

It is seen as a reward for committing crimes for youth offenders. It is expansive as it requires investment of time and money.

Question 27

Examples of when rehabilitation can be seen in community sentences.

Answer 27

Unpaid work and completion of an education or training course.

Question 28

How is rehabilitation linked to right realism?

Answer 28

The idea that criminal activity is based on free will and rational choice so the behaviour can be rehabilitated to ensure they make a better choice next time and not re-offend.

Question 29

How does rehabilitation links to behaviour modification treatments?

Answer 29

Anger management courses focus on techniques to extinguish undesirable behaviours and promote desirable ones.

Question 30

what sentence are most people given?

Answer 30

A fixed term sentence so they know the amount of time they have to serve

Question 31

How does licensing work?

Answer 31

Offenders are put on license after serving half of their sentence if they were sentenced to more than 2 days but less than 2 years. This means they are allocated a Community Offender Manager and they have to follow conditions and restrictions. Failure to follow these conditions will result in them returning to prison.

Question 32

What additional post sentence service occurs?

Answer 32

Post sentence supervision occurs after an offender has served their sentence of less than 2 years. This involves having to follow conditions and a breach of that will result in going to court. This aims to help the offender's rehabilitation after they leave prison.

Question 33

Explain how prison works for those who served 2 or more years. How does this show an attempt at rehabilitation?

Answer 33

The offender will serve half of their sentence in prison and the remainder in the community subject with supervision. Each prisoner has an allocated case manager and a custody plan designed to address their specific needs, manage risk of harm and reduce the risk of re-offending. It allows the offender to readjust into the community under supervised conditions which prevents re-offending.

Question 34

Statistics of rehabilitation through custodial sentencing

Answer 34

In 2021 48% of adult offenders were convicted of another offence within one year of release and this rose to 63% for those who are imprisoned for less than one year.

Question 35

why do you think re offending rates are so high? (opinion) - rehabilitation

Answer 35

I believe it is because the offender is only in prison for half of their sentence and therefore sees the detainment as a punishment for a small time period. They see the rehabilitation conditions as something they have to do so they would not take it seriously for their own benefit.

Question 36

Who does the offender report to when given a community order and how does it help to achieve rehabilitation?

Answer 36

An offender manager works in the National Probation Service and they use their expertise to help change the offender's criminal behaviour. This also acts as a deterrent because failure to comply can lead to further punishment.

Question 37

How have community orders been used since 2010? - rehabilitation

Answer 37

The use of community sentences has reduced by 66% since 2010. They are used in roughly 10% of criminal convictions.

Question 38

How do community orders compare to prisons in terms of re-offending rates? - rehabilitation

Answer 38

They are more effective by 8.3% at reducing one-year re-offending rates than custodial sentences of less than 12 months.

Question 39

Why do you think community orders work better than prisons? - rehabilitation

Answer 39

The sentences can be a combination of requirements tailored to meet offender’s needs e.g., unpaid work or curfew. This can address aspects of sentencing or offences such as curfew to prevent night-time burglaries. It can also include treatment programmes to deal with anger control, drug or alcohol abuse.

Question 40

What statistic from 2013 suggests community orders do not work? - rehabilitation

Answer 40

3 out of 4 people in prison had at least once community order. This would indicate that community sentences do not rehabilitate.

Question 41

Why do you think that community orders are used so infrequently compared to Scandinavian countries? (opinion) - rehabilitation

Answer 41

!!!!!!!!!!!!!!!!!!!!!!!!

Question 42

Define deterrence

Answer 42

It is based on the fear of punishment e.g. witnessing someone receiving a lengthy sentence which prevents you from committing a crime to receive that sentence.

Question 43

Define individual deterrence.

Answer 43

It is based on the prevention of re-offending. e.g. a suspended sentence means a person will only be sent to prison if they do another offence in the given time period, therefore they will not commit the crime due to fear of going to prison.

Question 44

Summarise the re-offending rates to show why prison sentences does not always work.

Answer 44

46% of adults are re-convicted within one year of release, increasing to 59% for those who serve less than 12 months

Question 45

How does individual deterrence link to social learning theory?

Answer 45

Offenders in prison would have observed behaviours and punishments given to their fellow inmates which could prevent them from wanting to become them and to not re-offend.

Question 46

Define general deterrence

Answer 46

Others are discouraged from committing a similar crime.

Question 47

How is general deterrence dismissed by the public?

Answer 47

They believe that they will not get punished like others have been e.g. drinking driving offences

Question 48

Why is the severity of punishment a factor in general deterrence?

Answer 48

If the severity of the punishment is high then it is more likely to gain more attention from the public, which decreases the chance of someone committing the same crime. e.g. 2 men were jailed for 4 years for inciting disorder on Facebook which was specific to the London Riots. This is a severe punishment as there was no violence involved and was strictly online.

Question 49

How does general deterrence links to Marxism?

Answer 49

The WC receives more severe punishments than the MC as it controls their behaviour more.

Question 50

How is a suspended sentence a form of deterrence?

Answer 50

Suspended sentence is a period of imprisonment suspended by up to two years, this is when a person is allowed in society but faces the possibility of prison if re-offending takes place. This clearly acts as a deterrent as it may prevent the individual from further offending in that period.

Question 51

Why is a suspended sentence not a successful form of deterrence?

Answer 51

It accounts for 4% of total prison sentences and 54% of those with a suspended sentence re-offend within a year.

Question 52

How does community sentencing achieve individual deterrence and general deterrence?

Answer 52

general deterrence is achieved as the person is discouraged from committing the crime as they know they will receive that punishment and individual deterrence is achieved as the offender knows that breaking the conditions by re-offending will result in them being fined or going to prison.

Question 53

Why does general deterrence doesn't work for for offences such as speeding?

Answer 53

The individual believes they would not get caught as it is a common crime committed by others. Therefore they do not fear the punishment.

Question 54

How does individual deterrence not work for individual's with previous convictions?

Answer 54

There is no deterrence in community orders for individuals with repeated offences as it proves that they will just keep re-offending no matter the consequence.