Ac 2.3

• AC 2.3 do fines meet the aim of punishment


  Given for less serious offences in magistrates court

  • In 2021 77% of offenders received a fine,
  • size of fine, depends on max fine given for that offence, circumstances of the crime and offenders ability to pay
  • Case – ant mcpartlin in 2018, find £86,000 plus a 20 month driving ban for drink-driving
• AC 2.3 do fines meet the aims of punishment

  Retribution,

  + making people pay for their mistakes, can make them suffer for harm done

  • -Wealthy people’s find have little impact on them, so they won’t suffer from ‘ for an eye punishment’

  deterence,

  + may prevent working class from reoffending as money does make an impact on Wallet

  + fines can be escalated if not paid eg prison time

  • - Fines may cause offenders to have to commit further crimes to pay for the fine
  • Crime said they found offenders who received fines were more likely to reoffend than those who didn’t receive punishment
• AC 2.3 do fines meet the aim of punishment

  Rehabilitation

  • Only affects working class, middle-class will pay fines over and over and still commit the crime. so rehab isn’t met with fines.

  Public protection

  + If offender doesn’t pay the fine, they will go to prison

  • -Doesn’t protect public at all as there’s nothing stopping them from reoffending, unlike community sentences/prison

  Reparation

  + paying money back as viewed to repair the damage they’ve done
• AC 2.3 do discharges meet the aims of punishment

  Two forms of discharge,

  • absolute, no penalty imposed and offender free to go (only given when offender is deemed morally blameless, despite being guilty)
  • Conditional, offender, not punished, unless they’ve committed another offence within a set period of time (up to 3 years) if they do court can sentence them for original offence and the new one
  • Case- Shawn Pennell charge with criminal negligence, causing debt of three-year-old son, by leaving him in a hot car, given absolute discharge due to accidental nature
• AC 2.3 do discharges meet the aim of punishment

  Retribution- court only impose, if they view trial to be enough of a punishment

  • deterrence- with conditional discharge threat of being charged with both crimes, may be enough to deter further defending within that period
  • Reparation- usually given for lower level crimes, but seeing offender be arrested and go through court et cetera. Maybe enough reparation
  • Public protection- doesn’t meet aim but with lower level crimes the public doesn’t really need to be protected
  • Rehab- court process may be enough to scare O into changing for the better
• AC 2.3 do community sentences meet the aims of punishment

  Imposed for fences too serious for discharge/fine, but not serious enough for imprisonment. Given by the court will have requirements, such as 40 to 300 hours unpaid work ect

  Retribution

  + all community sentences must include an element of punishment/retribution e.g. curfew as they have Their freedom limited

  + Naming and shaming with community payback, high viz is retribution

  • -However, it may not be strict enough to stop reoffending

  Reparation

  + Unpaid work, repair damage, they’ve caused whole community or just individual
• AC 2.3 do community sentences, meet the aims of punishment

  Public protection

  + works as a threat, if they break requirements, they go to jail

  • -By not incarcerating offenders, they may still be a risk to society as they can commit crime
  • — 1/10 said prison was most effective

  Rehab

  + Community sentences attempt to meet complex needs e.g. drugs, mental health, education, which are often the causes of offending, by offering treatment program/training to improve job opportunities

  — use of community sentences has fallen from 14% to 7% between 2007 and 2020
• AC 2.3 do community sentences, meet the aim of punishment

  Rehab

  • Stats from Ministry of Justice study found 34% reoffended within 12 months of community sentences compared to 64%, reoffending with prison sentences of less than 12 months

  Deterrence

  + Have to wear high viz, and do jobs in the public eye which names and shames them

  — may not be harsh enough to deter criminals, people can find ways around requirements. E.g. doing drugs that can’t be detected.
• AC 2.2 does imprisonment meet the aims of punishment

  4 kinds of prison sentence:

  • Life
  • mandatory life sentence
  • Determinate (fixed length)
  • Suspended (defendant given sentence but doesn’t automatically go to prison, may need to go on probation/drug programs. If not met, they go to prison)

  Retribution

  + punishes people for their crime by taking away their freedom

  — difficult to decide what length sentence give for each crime as society always disagrees
• AC 2.3 does prison meet the aim of punishment

  Deterrence

  + can act as a general deterrence, as people are scared of prison and don’t want to be separated from family

  — high recidivism rates suggest prisons not a deterrent, deterrence would only work if would be offenders acted rationally, but most don’t so don’t consider the risk of prison

  Public protection

  + takes offenders out of circulation so they physically can’t harm the public, in determinate sentences. Keep prisoners locked up for as long as there are risk to public.
• AC. 2.3 Does prison meet the aim of punishment.

  Public protection

  — prison can be a school for crime where offenders learn skills/contacts that lead them to offend again eg Sutherland differential association

  Reparation

  + under the prisoners earnings act 2011 prisoners are permitted to work outside prison for preparation for release, can be made to pay proportion of their earnings to victim support which forces them to take responsibility for the harm they’ve caused

  — view prisoners have the opportunity to earn money in this way, so imprisonment doesn’t really meet reparation aim
• AC. 2.3 Does imprisonment meet the aims of punishment.

  Rehabilitation

  + aims as imprisonment therapy education ect

  — little opportunities to deal with causes of offending and prep them for crime free lives

  — short sentences failed to meet rehabilitation aims, sentences shorter than six months can’t begin to rehability offenders, so recidivism rates rise to 64%