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AC 2.3 - Assess how forms of punishment meet the aims of punishment -…
AC 2.3 - Assess how forms of punishment meet the aims of punishment
The sentencing framework:
Imprisonment
Community sentences
Fines
Discharge
Imprisoment
- Saved for the most serious crimes Life sentences - Most serious sentence you can be given
The time set by the judge is the minimum that must be served by the offender before they can be considered for parole
Once min. is completed, parole board asses whether the offender is suitable for release send if so whether this needs to be under licence (conditions)
if they are released under conditions, they remain under these for the rest of their lives and will be recalled to prison should they be broken
Indeterminate sentences
Account for 14% of prison population and set a min. time a prisoner must serve
After min. term, parole board decides whether offender is suitable for release on licence
Prisoners have no release date (abolished in 2012)
Determinate sentences
fixed length sentences
Majority of prisoner do not serve all their sentence in jail
Those under 12 nmoths are usually released half way through
Sentences over 12 months usually mens that offender spends the first half in prison and the second half in the community on licence. The latter supervised by the probation service and will have licenced conditions
Those who are sentences to less than 2 years are released on post-sentence supervision for 12 months, including regular probation officer meetings
Suspended sentences
In these cases, although the offender is given a prison sentence, they do not go straight to prison
Sentences can be suspended for up to 2 years andtgis usually applies where a sentence of under a year would have been given to the offender
The offender must meet the requirements of the imported sentence (rehab etc.) and must not re-offend during the suspended period or face time in person for the original offence plus any further offences
Community sentences
These combine punishment with activities carried out in the community
They can include up to 300 hours of unpaid work
It could involve the offender undergoing alcohol or drug treatement
The main aim is not only to punish offenders ut to change their behaviour and prevent further reoffendng
Anyone can nominate a project in their community for offenders to work on
A curfew or exclusion order
Fines - Courts can apply fines up to an unlimited amount where deemed necessary - depending on the financial circumstances and seriousness of the crime committed
The amount of the fine varies according to:
The offence - the max is defined in law for each specific offenced
The circumstance of the crime - options are given on sentencing guidelines and dependent on whether it was a first offence as well as how much harm was done
The offender’s ability to pay - a less well of defendant will twice a small fine
Discharges - Conditional: an order made by a criminal court whereby an offender will not be sentenced for an offence unless a further offence is committed within a stated period
Absolute: If an offender gets an absolute discharge, a finding of guilt is made but no conviction is registered and they are not given any conditions to follow
Does imprisonment meet it's punishment aims?
Retribution - Priosn punished people for their crimes by taking away their freedom however it is difficult to say whether prison gives offenders their 'just deserts'. Society disagrees about whether sentences are too long or too lshort and about which offences deserve prison
Deterrance - High reoffending rates by ex-prisoners suggest that prison is not an effective deterrent for many. Half of adult prisoners are reconvicted within a year of being released. Deterrence is only possible is would-be offenders are capable of thinking and acting rationlly, however, many offences are committed under the influence of alcohol or drugs, and many offenders are poorly educated or have mental heath problems. As a result, they do not consider the risks
Public protection - Whole life sentences keep offenders permanency off the streets, indeterminate sentences keep offenders of the streets for as long as they are deemed a danger to the public. Most prisoners are released on licence under supervision so if the become a danger to the public they can be recalled to prison. However, prison can be a 'school for crime' where they acquire skills, attitudes and contacts that lead them to reoffender after they are released and potentially commit more serious offences. Most offenders are eventually released so it only buys temporary protecting. Keeping people in prison is also very costly. Critics argue that funds could be used to pay for other ways of protecting the public
Reparation - Under the prisoner's earning, prisoners who are permitted to work outside of prison to prepare for potential release can be made to pay a proportion of their earning towards the cost of victim support services, forcing prisoners to take responsibility for the harm they have causes. However, in practice, few prisoners have the opportunity to earn money in this way in general
Rehabilitation - Although rehabilitation is a goal of imprisonment, prisoners have a poor record of reducing reoffending: 48% of prisoners re-offend within a year of their release, the figure rises to 64% for those who served a sentence of less than 12 months, 5,612 prisoners were recalled to prison in 2018 after being released on licence conditions
Short sentences are one reason for this failure: It is virtually impossible to do anything with prisoners on a sentence under 6 months. Not enough time to get to grips with the causes of offending etc. Short sentences have been found to be less effective than community sentences at reducing re-offending.
Education and training: Opportunities to deal with causes of offending and prepare for a crime-free life is limited. Opportunities for education, vocational training or meaningful work are limited. There is only a small number 0.5% that get the opportunity to be released on licence.
Addressing offending behaviour: There is a shortage of places on courses that addresses offending behaviour such as anger management programmes. Many prisoners on indeterminate ‘public protection’ sentences remain in prison due to a lack of programmes that could address their violent behaviour
Do community sentences meet their punishment aims?
Retribution - All community sentences must include an element of punishment or retribution. For example, curfews and exclusion orders restrict offenders movements to certain times and places, making the individual limited to any kind of freedom. Those doing unpaid work have to wear high visibility vests with ‘community payback’ on the back. The public ‘naming and shaming’ that this involves is also a form of retribution
Reparation - Can involve doing unpaid work to repair the damage they have caused a victim’s property. Equally, reparation may be to the whole community through unpaid work on community payback eg. removing graffiti, clearing wastelands
Public protection - All sentences must inc;ude public protection as one of their aims. As community sentences do not lock offenders up, they do not achieve the aim of incapacitating offenders. However, breaches of a community sentence can lead to the offender being sent to prison.
Rehabilitation - Offenders often have multiple, complex needs such as homelessness, drug misue, mental health problems, unemployment etc. These are often the underlying causes of offending
Community sentences help in addressing these needs. For example, they can require offenders to undergo treatment for their addiction problems or undertake an activity such as training to improve their job prospects. Studies have repeatedly shown that community sentences are more effective at rehabilitating offenders and preventing recidivism than short prison sentences. For example:
In one Ministry of Justice study, 34% reoffended within 12 months of starting their community sentence. This compared with 64% for those serving prison sentences of less than 12 months
Despite this, the use of community sentences has declined. Between 2007 and 2020, the proportion of offenders receiving community orders fell from 14% to 7%
Do fines meet their punishment aims?
Retribution - Hitting someone in the pocket can be a good way to make them suffer for the harm they have done
Deterrence - A fine may make an offender reluctant to reoffend for fear of further punishment. As the use of fines is a common way of disposing of first offenders, fines may be used as a signal that worst will follow if they re-offend
Faailure to pay - Offenders who fail to pay without a good reason may face prison. Courts can deduct fines from an offender