UNIT 4 - AC2.3 - Assess how forms of punishment meet the aims of punishment. Flashcards
1
Q
What trust made the Bromley Briefings?
[AC2.3]
A
The Prison Reform Trust.
[AC2.3]
2
Q
What is the Bromley Briefings about?
[AC2.3]
A
It shares the latest facts and figures about UK prisons and the individuals within them.
[AC2.3]
3
Q
What 2 countries have the highest imprisonment rate in Western Europe?
[AC2.3]
What statistics?
A
England and Wales followed by Scotland.
[AC2.3]
146 prison population per 100,000 of the national population.
4
Q
What country has the lowest imprisonment rate in Western Europe?
[AC2.3]
What statistics?
A
Norway.
[AC2.3]
54 prison population per 100,000 of the national population.
5
Q
What is the name of the Prison in Norway and what type of prison is it?
[AC2.3]
A
Bastøy Prison - it is a Human Ecological Prison.
[AC2.3]
6
Q
What is a Human Ecological Prison?
[AC2.3]
A
A Human Ecological prison is one that allows offenders to roam free and do whatever they want. They can still work to gain money/ rewards. It is beneficial to their lives and doesn’t dehumanise them.
[AC2.3]
7
Q
According to the National Adult Office, is there a link between the prison population and levels of crime?
[AC2.3]
A
No - because imprisonment rates and crime rates are socially constructed, meaning that they are affected not by criminogenic conditions of the nation only, but by public attitude towards these issues.
[AC2.3]
8
Q
During inspections in 2022/23 what percentage of mens prisons were found saftey wasn’t good enough?
According to the Bromley Breifings. [AC2.3]
A
51%.
[AC2.3]
9
Q
During inspections in 2022/23 what percentage of womens prisons were found saftey wasn’t good enough?
According to the Bromley Breifings. [AC2.3]
A
1 in 3 prisons - 33%.
[AC2.3]
10
Q
During inspections in 2022/23 what percentage of youth custody establishments were found saftey wasn’t good enough?
According to the Bromley Breifings. [AC2.3]
A
Half - 50%.
[AC2.3]
11
Q
What percentages of males, females and children reoffend within a year of release?
[AC2.3]
A
- Males: 64% when serving a sentence less than 12 months.
- Females: 58%.
- Children and Young people: 59%.
[AC2.3]
12
Q
Are short sentences more or less effective at reducing re-offending and why?
[AC2.3]
A
Less effective because they don’t allow enough time for rehabilitation within prison due to the long length of time it takes to set up.
[AC2.3]
13
Q
What percentage of people reoffend within a year of a Prison Sentences of less than 12 months?
According to the Bromley Breifings. [AC2.3]
A
63%.
[AC2.3]
14
Q
What percentage of people reoffend within a year of a Community Sentences?
According to the Bromley Breifings. [AC2.3]
A
56%.
[AC2.3]
15
Q
What percentage of people reoffend within a year of a Suspended Sentences?
According to the Bromley Breifings. [AC2.3]
A
54%.
[AC2.3]
16
Q
Does imprisonment meet the aims of punishment and why?
[AC2.3]
A
It can partially meet the aims of Retribution, Deterrance and Public Protection but definitely not Rehabilitation or Reparation unless people take part in restorative justice schemes.
[AC2.3]
17
Q
What are the 4 forms of Punishment?
[AC2.3]
A
- Imprisonment.
- Community Sentences.
- Financial.
- Discharge.
[AC2.3]
18
Q
What is the definition of Imprisonment?
[AC2.3]
A
To imprison is to hold someone in a prison or jail. It can also mean to confine them elsewhere. They are genrally fixed term but can be suspended or for life.
[AC2.3]
19
Q
What is the definition of a Community Sentence?
[AC2.3]
A
A community sentence combines some form of punishment with activities carried out in the community.
[AC2.3]
20
Q
What are examples of Community Sentences?
[AC2.3]
A
This can include up to 300 hours of unpaid work, keeping to curfews or going to alcohol/ drug treatement programmes.
[AC2.3]
21
Q
What is the definition of a Fine?
[AC2.3]
A
A fine is a penalty that requires the convicted person to pay a sum of money fixed by law after an offence has been committed.
[AC2.3]
22
Q
What is the maximum amount a fine can be?
[AC2.3]
A
Unlimited!
[AC2.3]
23
Q
What is the definition of Discharge?
[AC2.3]
A
A discharge is a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor.
[AC2.3]
24
Q
Name the 2 types of Discharge.
[AC2.3]
A
- Absolute Discharge.
- Conditional Discharge.
[AC2.3]
25
What is an **Absolute Discharge**?
| **[AC2.3]**
The court has decided not to impose a punishment because the **experience of going to court has been punishment enough.**
| **[AC2.3]**
26
What is a **Conditional Discharge**?
| **[AC2.3]**
If the offender commits another crime *(if they break their conditions)*, they can be **sentenced for the first offence and the new one.**
| **[AC2.3]**
27
What do judges and magistrates have to follow to ensure sentences are fair?
| **[AC2.3]**
Sentencing Guidelines.
| **[AC2.3]**
28
What **factors** are taken into account **when sentencing takes place**?
| **[AC2.3]**
* Aggrevating and Mitigating Factors.
* Previous Convictions.
* How trusted of an individual they are.
* Type/ Severity of the crime.
* Mens Rea and Actus Reus.
| **[AC2.3]**
29
What **2 factors** depend on the **circumstance of the crime and offender**?
| **[AC2.3]**
Aggrevating and Mitigating Factors.
| **[AC2.3]**
30
What is an **Aggrevating Factor**?
| **[AC2.3]**
Something that **makes a crime more serious** (increases the severity of punishment).
| **[AC2.3]**
31
What is an **example** of an **Aggrevating Factor**?
| **[AC2.3]**
A burglar breaks into a house and the **owners of the property are in bed.** A court is likely to consider the fact that the **house was occupied** at the time as an aggravating factor. It makes the **crime more serious** than if the owners hadn’t been in at the time.
| **[AC2.3]**
32
What is a **Mitigating Factor**?
| **[AC2.3]**
Something that **makes a crime less serious** (decreases the severity of punishment).
| **[AC2.3]**
33
What is an **example** of a **Mitigating Factor**?
| **[AC2.3]**
* The offender is genuinely **sorry for what they have done.**
* There are **events** in the offender’s personal life which may have **affected their behaviour** (e.g poverty - can't feed their children).
| **[AC2.3]**
34
What is a **Mens Rea**?
| **[AC2.3]**
The mens rea is the **mental state** of a defendant who is accused of committing a crime. ***”Guilty Mind”.***
| **[AC2.3]**
35
What is an **example** of **Mens Rea**?
| **[AC2.3]**
If a person **targets and assaults someone** with the **goal of inflicting harm** on the victim, he is displaying *criminal intent.*
| **[AC2.3]**
36
What is an **Actus Reus**?
| **[AC2.3]**
An action or conduct which is a constituent element of a crime **(guilty act)**, as opposed to the mental state of the accused.
| **[AC2.3]**
37
What is an **example** of **Actus Reus**?
| **[AC2.3]**
Stealing, assault, murder **(voluntarily killing someone)**, **crimes of omission**, statutory rape, and bigamy are all example of the **"guilty act".**
| **[AC2.3]**
38
What are the **types of sentence** that can be given?
| **[AC2.3]**
* Custodial Sentence (Prison).
* Suspended Sentence.
* Extended Sentence.
* Life Sentence.
* Determinate Sentence.
* Indeterminate Sentence.
* Community Sentence.
| **[AC2.3]**
39
What is a **Custodial Sentence**?
| **[AC2.3]**
It is a sentence of imprisonment in which is generally fixed term but can be suspended or for life (this is set by the court).
| **[AC2.3]**
40
What is a **Suspended Sentence**?
| **[AC2.3]**
The offender *does not go to prison immediately* but is given the chance to stay out of trouble and comply with requirements in the community. **"Fear of prison hanging over them!"**
| **[AC2.3]**
41
What is an **Extended Sentence**?
| **[AC2.3]**
Extended sentences are imposed in certain types of cases where the court has found that **the offender is dangerous**, and *an extended licence period is required to protect the public from risk of serious harm.*
| **[AC2.3]**
42
What is a **Life Sentence**?
| **[AC2.3]**
## Footnote
What **different types** are there?
When someone is given a life sentence, they will be *subject to that sentence for the rest of their life.* Judges must specify the *minimum term* an offender must spend in prison *before becoming eligible to apply for parole.* **Minimum of 25 years unless full life term.**
| **[AC2.3]**
## Footnote
* **Mandatory** life sentences.
* **Discretionary** life sentences.
43
What is a ***Mandatory* Life Sentence**?
| **[AC2.3]**
* For the most serious cases of murder for example, an offender may be sentenced to a life sentence with a **'whole life order'.** This means that their **crime was so serious** that they will **never be released from prison.**
| **[AC2.3]**
44
What is a ***Discretionary* Life Sentence?**
| **[AC2.3]**
There are a number of crimes – such as rape or robbery – for which the *maximum sentence is life imprisonment.* This does not mean that all or most offenders convicted of these offences will get life.
| **[AC2.3]**
45
What are the 2 types of '...erminate' sentences linking to *lengths of time*?
| **[AC2.3]**
* **Determinate** Sentence.
* **Indeterminate** Sentence.
| **[AC2.3]**
46
What is a **Determinate Sentence**?
| **[AC2.3]**
It is a fixed length sentence for a **fixed length time** which you spend *some time in prison and some time in the community 'on license'.*
| **[AC2.3]**
47
What is an **Indeterminate Sentence**?
| **[AC2.3]**
It is not a fixed length sentence for an **unfixed length time**. There is *no set release date* and there will be a specific *minimum amount of time they have to spend in prison* before release.
| **[AC2.3]**
48
What are the **2 types of Sentence beginning with 'C'** which refers to *spending a sentence?*
| **[AC2.3]**
* Concurrent Sentence.
* Consecutive Sentence.
| **[AC2.3]**
49
What is meant by a **Concurrent Sentence**?
| **[AC2.3]**
**Sentences are served at the *same time*** (e.g. for multiple sentences - 6 month + 3 month = just 6 months in prison).
| **[AC2.3]**
50
What is meant by a **Consecutive Sentence?**
| **[AC2.3]**
**Sentences are served *one after another*** (e.g. for multiple sentences - 6 month + 3 month = 9 months in prison).
| **[AC2.3]**
51
What is the **most serious punishment** a **UK court** can hand down?
| **[AC2.3]**
A **Life Sentence** (Full Term).
| **[AC2.3]**
52
What is the **most serious punishment** a **US court** can hand down?
| **[AC2.3]**
Death Penalty.
| **[AC2.3]**
53
Who decides *whether to release an offender* serving a life sentence?
| **[AC2.3]**
The Parole Board.
| **[AC2.3]**
54
How long does an offender remain on licence after a life sentence?
| **[AC2.3]**
For the rest of their life.
| **[AC2.3]**
55
What **percentage of the prison population** do **life sentences** account for *in Europe?*
| **[AC2.3]**
14%.
| **[AC2.3]**
56
Are **offenders automatically released** after serving the *minimum term of a life sentence*?
| **[AC2.3]**
## Footnote
Who has to agree before they are released?
**No**, they have no automatic right to be released.
| **[AC2.3]**
## Footnote
The Parole Board has to agree they are safe enough to be 'on license'.
57
What is the **mandatory sentence** for those found guilty of **murder**?
| **[AC2.3]**
Mandatory life sentence.
| **[AC2.3]**
58
Can **requirements** be imposed on an offender receiving a **suspended sentence**?
| Example? **[AC2.3]**
**Yes**, such as entering drug/ alcohol rehabilitation programs.
| **[AC2.3]**
59
What happens if an offender **commits a crime during the suspension period** of a suspended sentence?
| **[AC2.3]**
They will be sent to **prison** to **serve their original sentence**.
| **[AC2.3]**
60
Which of the **Aims for Sentencing** does **Imprisonment** meet?
| **[AC2.3]**
* Retribution.
* Rehabilitation.
* Deterrance.
* Public Protection.
* Reparation.
| (All of them in one way or another). **[AC2.3]**
61
How does **Imprisonment** meet the aim of **Retribution**?
| **[AC2.3]**
* **Loss of Liberty** - no freedom.
* **Poor living conditions** in prison - form of **revenge**.
* Proportionate sentence
* *In 2006, 16 months prison sentence for robbery in Finalnd, but 72 months in Austrialia.*
| **[AC2.3]**
62
How does **Imprisonment** meet the aim of **Rehabilitation**?
| **[AC2.3]**
* Educational/ Addiction **Programs offered** to support all offenders.
* *Short sentences don't allow enough time for rehab.*
* Offenders **may not want to take part.**
* **Not enough trained staff** and they *lack the experience/ skills.*
| **[AC2.3]**
63
How does **Imprisonment** meet the aim of **Deterrance**?
| **[AC2.3]**
* *Prison isn't a nice place.*
* Recidivism rates show prison **isnt that good for individual deterrance, but is good for general deterrance.**
* Won't act as a deterrant for impulsive crimes.
| **[AC2.3]**
64
How does **Imprisonment** meet the aim of **Public Protection**?
| **[AC2.3]**
* **Helps to remove high-risk offenders out of society.**
* Offers protection for the public, but not all the time as *not all offenders recieve a life term.*
* Prison can act as a *'University of Crime'.*
| **[AC2.3]**
65
How does **Imprisonment** meet the aim of **Reparation**?
| **[AC2.3]**
* **Offenders make ammends** for the wrongdoing they did.
* **Restorative Justice Programs** allow victims and offenders to share their side of the event.
* Through the Prisoners Earnings Act 2011, any *earnings inmates recieve from jobs in prison can be **paid back to victims.***
| **[AC2.3]**
66
Which of the **Aims for Sentencing** do **Community Sentences** meet?
| **[AC2.3]**
* Retribution.
* Rehabilitation.
* Deterrance.
* Public Protection.
* Reparation.
| (All of them in one way or another). **[AC2.3]**
67
How do **Community Sentences** meet the aim of **Retribution**?
| **[AC2.3]**
* Community sentences involve *unpaid (voluntary) work* within the community.
* They can involve and **element of the labelling theory** in which people are given *high-vis vests for supervision purposes.* These **vests are to help monitor** and notice if anyone tries to escape community work. This is to help *protect the community.*
* The high-vis vests will use **naming and shaming such as saying 'community payback' on the back.**
| **[AC2.3]**
68
How do **Community Sentences** meet the aim of **Rehabilitation**?
| **[AC2.3]**
* They are very good for rehabilitation purposes as they **provide support groups** such as being able to **freely access** services such as **councelling and therapy.**
* Your probation officer will monitor you and can **act as someone to speak to** if you need any **support or help** with *meeting targets/ requirments for court for example.*
| **[AC2.3]**
69
How do **Community Sentences** meet the aim of **Deterrance**?
| **[AC2.3]**
* It allows offenders to **weigh up the Costs vs Benefits** but **negatively** as *community sentences make offenders see that the **punishment isnt very severe**,* which leads to crimes still being committed.
* There is generally a **low recidivism rate of 34%** for people who spend community sentences.
* People who commit crimes for *community sentences* are usually **first-time offenders** or individuals who have committed **very low level offences.**
| **[AC2.3]**
70
How does **Community Sentences** meet the aim of **Public Protection**?
| **[AC2.3]**
* Individuals will be on **work or curfews all day** during their community sentence (order), and so would be **monitored at all times** *to make sure they don't breach this to be able to continue offending in the community.*
| **[AC2.3]**
## Footnote
Community Sentences can be seen as **not very effective at all** from a public protection point of view, as the **offender is serving it in the community** *and can easy escape to commit crimes.*
71
How do **Community Sentences** meet the aim of **Reparation**?
| **[AC2.3]**
* Community sentences for those offenders taking part who want to gain something out of them, can be seen as **very rewarding** as they are **giving back to society/ the community.**
* It can be in the **form of direct payback** (e.g for someone who has graffitied, then they may be asked as part of their community order to help clean it up or something very similar).
* **Once offenders have repaid society, they can be seen to have a *'Clean-slate'.***
| **[AC2.3]**
72
Which of the **Aims for Sentencing** do **Fines** meet?
| **[AC2.3]**
* Retribution.
* Rehabilitation.
* Deterrance.
* Reparation.
| (All apart from Public Protection). **[AC2.3]**
73
How do **Fines** meet the aim of **Retribution**?
| **[AC2.3]**
* It depends on the size of the fine, they can be unlimited. They **act as a form of revenge.**
* Fines will be *based off the income* of the individual.
* **Fines don't tend to be seen as severe enough for wealthier people** (e.g. those that commit white collar crimes - Bernard Madoff) as they are **not proportionate enough.**
* The *seriousness of the offence and circumstances* can also influence the monitary revenge they face.
| **[AC2.3]**
74
How do **Fines** meet the aim of **Rehabilitation**?
| **[AC2.3]**
Some fines (e.g. for driving offences such as speeding) can also **come with courses/ education** (such as *speed awareness courses).*
| **[AC2.3]**
75
How do **Fines** meet the aim of **Deterrance**?
| **[AC2.3]**
* Fines are a *lower form of sentencing* which are usually for *lower levels of crime.*
* They can be seen as **quite effective** as **people don't like losing their hard earned money).**
* They are mainly used for *first-time offenders.*
* They could **work** both equally **well individually and generally,** because **no-one likes having to pay money** to the govenment.
| **[AC2.3]**
76
How do **Fines** meet the aim of **Reparation**?
| **[AC2.3]**
It is a way of **directly paying back into society - financially.**
| **[AC2.3]**
77
Which of the **Aims for Sentencing** do **Discharges** meet?
| **[AC2.3]**
* Retribution.
* Deterrance.
* Reparation.
| (All apart from Rehabilitation and Public Protection). **[AC2.3]**
78
How do **Discharges** meet the aim of **Retribution**?
| **[AC2.3]**
* Instances of **absolute discharges** (going to court is the punishment) allows **no form of retribution**, as the offender isn't properly being punished/ locked up for his actions - **no form of revenge.**
* **Conditional Discharges** (sentenced for the first-offence and new offence if they reoffend), **only work once the individual commits further crimes.**
| **[AC2.3]**
79
How do **Discharges** meet the aim of **Deterrance**?
| **[AC2.3]**
Deterrance is the **primary aim** of Discharges.
* It allows offenders to **recieve a 'warning'** about future conduct and *regret for committing further crimes.*
* It **works very well** as an **individual deterrance** due to there being a **low rate of reoffending** (especially for first-time offences and offenders).
* *If offenders are impervious* (not accepting) to the criminal justice system and *not concerned by the court experience* then **punishment can be seen as not very effective.**
| **[AC2.3]**
80
How do **Discharges** meet the aim of **Reparation**?
| **[AC2.3]**
Individuals may be **asked to pay court fees** in response to their trial which acts as the discharge (absolute).
| **[AC2.3]**
