Please enable JavaScript.
Coggle requires JavaScript to display documents.
Assess how forms of punishment meet the aims of punishment - Coggle Diagram
Assess how forms of punishment meet the aims of punishment
Aims of sentencing
Imprisonment
Life sentence
- the judge sets the minimum time that the offender must spend in prison before they can be considered for release. If they are released it will be licensed, which forces them to follow certain rules (curfew and tag)
Unfair life sentence:
Jerry Williams- California- 3 strikes=life sentence
Sentenced to 25 years to life when he was convicted of felony petty theft for taking a slice of pizza in 1994.
Mandatory life sentence
- must be given to offenders who are found guilty of murder. Judges can sentence this for the rest of the offenders life (they will never be released)
Indeterminate sentence
- These set a minimum time the offender must serve in prison. Offenders have no automatic right to be released after the minimum term has been served.
(IPP)- ruled unlawful in 2012
Determinate sentences
- This is one fixed length sentence.
Most common- 60-65,000 in 2018
If the sentence is under 12 months, the offender is normally released halfway through.
If the sentence is 12 months or more, the offender spends the first half in prison and the second half in the community on license.
Suspended sentence
- The offender is given a prison sentence but does not go directly to prison. They may receive a suspended sentence if they would otherwise be given a prison sentence of less than 12 months.
In 2018, 16% of those convicted of an indictable offence received a suspended prison sentence.
Negative:
Retribution
- some sentences are too harsh or too lenient
Deterrence
- only works if people think rationally (half re-offend within a year)
Reparation
- cannot really happen with victims/ Jobs outside of prison is very rare
Rehabilitation
- short sentences= cannot get into a programme (0.5% get onto job/education programme)
Public Protection
- Prisons are named 'Universities of crime' and prisons cost a lot of money (£40,000 for 1 person a year)
Positive:
Retribution
- Can meet aim of retribution, an eye for an eye, proportionate, getting 'just deserts', example for a punishment that fits the crime.
Deterrence
- Can stop people re offending as don't want to go back Can stop people offending in general as don't want to go to prison
Reparation
- Some prisoners can get jobs under 'Prisoner Earning Act 2011' - jobs outside where they pay back to community
Rehabilitation
- Programmes available to tackle causes of crime
Public Protection
- Those with whole life sentences - protect public - keeps them off the streets Indeterminate sentences - can be kept in jail for as long as they are deemed a danger Can be recalled if on licence
Aims of sentencing
Community sentence
These are imposed when the offence is too serious for a fine or discharge, but not serious enough for a prison sentence. The community order sets out one or more requirements:
Supervision by a Probation officer
40 - 300 hours of unpaid work
Group programmes (anger management, drink drivers)
Treatment for drug or alcohol addiction
Negative:
Retribution
- Some deem community sentences as too lenient
Deterrence
- people do not care
Rehabilitation
- The use of community sentences are reduced
Public Protection
- Do not really work for public protection
Positive:
Retribution
- element of revenge- curfew, sanctions, restrictions
Deterrence
- Embarrassment (Naming & Shaming)
Reparation
- Unpaid work to repay the community
Rehabilitation
- More effective at rehabilitating offenders & prevent re-offending.
Declined from 14% to 8% in 2017
Public Protection
- Breaches of sentence can lead to recall to prison
Aims of sentencing
Fines
The size of a fine depends on the following factors:
The offence itsel
f- The law lays down a maximum fine for a given offence
The circumstances of the crime
- The sentencing guidelines give a range of options depending on whether it was a first offence, how much harm was done
The offender's ability to pay
- A poorer defendant will probably receive a smaller fine, and/or be allowed to pay in instalments
Which court is hearing the case
- Magistrates can only impose fines up to £5,000 or £10,000 for two or more offences
Failure to pay:
Offenders that fail to pay the fine without good reason could face prison time.
In 2016, the backlog of unpaid fines and court surcharges had reached £747 million
Positive:
Retribution
- Can be a good way to suffer out of pocket
Deterrence
- Signal that punishment can get worse
Aims of sentencing
Discharges
Conditional
- means that the offender will not be punished unless they commit another offence within a set period of time determined by the court (up to three years. If they do so, the court can sentence them for both the original offence and the new one. This will result in a criminal record
Absolute
- (or unconditional) discharge means that no penalty is imposed. The court may grant an absolute discharge where the defendant is technically guilty but where punishment would be inappropriate, usually because the defendant is morally blameless. It is not classed as a conviction.
Example of Absolute:
Thrisk Rail Crash:-
The signal conductor's daughter die the day before, he went to work and signalled two trains which resulted in the trains crashing. 9 people died and 43 people were injured.
Positive:
Deterrence
- Lowest level or punishment Low level or re-offending rate Going to court helps them change mend their ways