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2.3 - how forms of punishment meet with aims - Coggle Diagram
2.3 - how forms of punishment meet with aims
imprisonment
Refers to prison sentence that are given to offenders by a court, dependent on the crime
life sentences: most serious sentences, anyone given a life sentence will remain in prison until a set time, when a parole board will determine whether to allow their release on lisence.
determinate sentences - fixed sentence length, although the offender may not spend the whole sentence inside prison.
suspended sentence - where the offender does not go straight to prison but will do if they fail to meet the requirements imposed by the courts.
Aims
Retribution - prison removes freedom as a punishment. impossible to determine if the sentence is strict enough
Detterance - Some people find the risk of being in prison a deterrent, and has been effective in preventing some reoffending.
public protection - removes criminals from society and keeps people safe indefinitely. prisoners can be released on license and supervised by probation service, meaning they are still protected. However, prisoners can have a negative influence on each other and learn new criminal behaviours and attitudes
reparations - offenders are held accountable for their offence. Prisoner Earnings Act 2011 - ensure offenders who are allowed to work, make financial contributions to victim support services.
Rehabilitation - prison is not effective at reducing reoffending, 48% reoffend within a year, short sentences are common and do not allow enough time for rehabilitation. opportunities for training and education are limited due to cost and availability
community sentences
issued when crimes are too serious for a discharge or fine but not serious enough for prison. conditions are set
probation officer will be assigned to supervise the offender
between 40-300 hours unpaid work
courts may have issued a curfew
group programmes eg ART
treatment for drugs, alcohol
Aims?
Retribution - restrictions on freedom. the work is unpaid and requires offender to wear hivis, which makes them stand out
rehabilitation - community sentences are more effective at reducing reoffending than custodial sentences.
public protection - all community sentences must contain ways to protect the public, since offenders are not imprisoned and out of society
Reparations - payback to the community is done through unpaid work or by amending any damage they have done or caused. eg remove graffiti
Rehabilitation- More effective by 8.3% at reducing
reoffending rates within 1 year. Use has halved since 2006, now account for just 7% of all sentences.
Fines
For minor offences, e.g. driving offences
Most often issued in magistrates
most indictable offences include a fine
depends on: sentence guidelines, circumstance, financial situation, type of court
Aims
Retribution - makes offender pay for what they have done
Detterance - often used for first offences as a warning - may be taken as a sign that the next punishment will be worse if they reoffend
Many offenders may fail to pay the fine, therefore amounts can be automatically deducted from benefits. 61% of fines in 2015 were written off - shows its ineffective
Discharges
conditional discharge - Minor first time offences, no further action if defendant does not reoffend during the period of the order
Absolute discharge - no saction imposed, lowest level an adult offender can recieve. rare , where the court believe the experience was a deterrent itself. Defendant is guilty but morally blameless
The aim is deterrence - to deter people from committing crime but are at the lowest level of punishment - but only occurs when the defendant is affected by the whole court experience