ac2.3 assess how forms of punishment meet aims of punishment

Cards (15)

  • do community sentence meet their aims
    • retribution - considered revenge, punishes by repaying back the community - an eye for an eye
    • public protection/ Incapacitation - offenders monitored
    • Rehabilitation - offender may reflect on behaviour, return to society
    • denunciation - society expresses disapproval, reinforces boundary maintenance
  • type of imprisonment
    • life sentences - mandatory and discretionary
    • fixed term sentences
    • indeterminate sentences
    • suspended sentences
  • forms of punishment
    • imprisonment
    • community
    • fines
    • discharges
  • types of community sentences
    • unpaid work
    • curfew
    • drug treatment and testing
    • supervision (probation)
  • fines depend on financial circumstance of the offender and seriousness of the crime
  • types of discharge
    1. conditional - if defendant reoffends during a period of time, courts can impose a harsher sentence
    2. absolute - where no penalty is imposed as the defendant is guilty but morally blameless
  • does imprisonment meet aims of punishment
    • retribution - takes away their freedom, depends on length of sentence
    • deterrence - creates individual and general deterrence - still high reoffending rates
    • public protection - removed from streets
    • rehabilitation - lack of support due to budget cuts/ resources
    • reparation - not much repair, only used to punish
  • prison - retribution
    • seeks to punish through 'just deserts' so punishment is deserving of the crime
    • e.g life imprisonment for murder is seen as an eye of an eye
  • prison - rehabilitation
    • argued it does not meet aim as there are still high recidivism rates
    • due to lack of resources/staff/funding
    • e.g 86% under 18s commit crimes after release from prison
    • however, some can be release on temporary license (ROTL) to take part in work, see children
  • prison - deterrance
    • does put people off from committing crime
    • right realists - we are rational beings who make reasoned choices , so prison may put people off
    • a03 - not all act rationally, people may favour prison due to harsh living conditions outside prison
  • do fines meet aims of punishment
    • deterrence - mainly those with low income
    • reparation - repairs crime through financial amendments e.g compensation
    • rehabilitation - teach someone value of money
    • retribution - punishes through loss of money
    • a03 - only affects working class - middle/upper class still reoffend
  • do discharges meet aims of punishment
    • deterrence - mainly first time / young offenders
    • retribution/ denunciation - punishment of shame and embarrassment - public criticism
  • discharge
    a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor
  • fines
    • monetary payment ordered by the court to be paid by defendant
    • given to minor offences e.g minor driving offences, minor theft
    • frequent punishment from magistrates court
    • court takes into account defendants financial circumstance before giving a fine
    • compensation may be paid to victim
  • community sentence
    • combines punishment with activities in the community e.g 300 hours unpaid work
    • bromley briefings - use of community sentences has halved since 2006, account for over 9% of all sentences
    • 8.3% more effective than custodial sentences at reducing reoffending rates
    • 70% offenders complete community order