Crim unit 4

AC.2.1

What’s social control

• ways to make members of society follow rules

• Persuading or compelling people to conform to societies norms/ laws/ expectations

internal definition of social control

• social control lies within the individual

• these are controls over our behavior that come from personalities or our values

• Internalization of norms and values during socialization process (freuds superego tells us what is right and wrong which is created through socialization with family)

• → leads to conforming to the rules of society and groups we belong to as we feel it is right to do so

Rational ideology (internal forms)

• internalise rules through social

• It tells us what it right and wrong

• Conscious weighs up cost/ benefits

• Benifit outweigh cost (more likely to rationalise idea of committing crime)

Tradition and culture (internal)

• Culture to which we belong becomes part of socialisation

• Religion also applies→ conforming to tradition is important way of confirming one’s identity and accepted as member of community

• 2x examples (waiting until marriage, no divorce)

Internalisation of social rules and morality (internal)

• Superego and traditions we follow become part of our inner self

• Both start outside (external) we internalise through socialisation e.g family or school

• Societies rules become our rules → conform to social norms

links to left realism internal forms

1.relative deprivation- people will only feel deprived in relation to other groups (feeling resentment more important than actual poverty)

2. subcultures- group that share sense of relative deprivation (cant achieve goals as blocked opportunities- develop lifestyle to cope)

3. marginalization- poverty and unemployment can make people feel on the margins- violence to express frustration

To achieve social control lack of education and support offered by the community means interventions, identify groups that are at risk and take actions on limit offending, working with children in schools.

links to left realism external

forms

• inequality is main cause of crime- need more community interventions to reduce crime- by involving local community in controlling crime- improve housing, reduce unemployment and reduce of crime

external definition of social control

• agencies are created to encourage people to stick to the rules

• if rules and social control are not enforced there are consequences

• COURT- harsh sentences (Eleanor Williams- eight and a half years for making allegations- guadian)

• PRISON- Wandsworth- prisons set example for what happens when rules are broken

external forms- coercion

• force to achieve social control e.g force to stop someone doing something- used by people in power (government, police)

• can be physical (restraint)

• can be non violent (strike/protest)

external forms- fear of punishment

• will conform as fearful of receiving sanction (formal e.g fine or informal e.g kicked out of social group)

• if you do not obey the law and commit offence you will be arrested, charged, convicted and sent to prison against will

• DETERRENCE

right realism

• the new right realism- 1980s Margret thatcher ‘broken Britain’ government should play small role in providing welfare (traditional families)

• welfare state- gov play small role in welfare as it is responsibility of the individual → otherwise dependent culture developed draining resources

• single parent families- lone mothers reliant upon gov financial aid- undermine values of society- lack of authoritative figure

• the underclass- group of young people- no desire for formal paid work, live off benefits and illegal economy, short term sex (children born without dad) brought up with little to no concern for values of society- driven to crime

right realism links to internal

• individuals are responsible for committing crime, single parent families, and welfare state means children not building forms of social control

• overall low level of internal control and so external forms need to be tough to enforce social control

external forms link to right realism

need to be tough on criminals to reduce crime, e.g more police on streets, zero tolerance policy, use of cctv

what is the control theory

• people conform because controlled by their bonds to society

• delinquent behavior/criminal acts occur when individuals bonds with society are weak or broken

• these bonds are attachment to others, commitment to our goals, involvement in law abiding activities and beliefs in obeying the law

using examples explain what is meant by internal forms of social control- how would you structure the answer? 4 marks

1. define internal forms of social control (within the individual, personalities, values..)

2. pick 1 (rational ideology, tradition/culture or internalizing social rules) and explain

3. give an example of that

4. pick 2nd and explain

5. give example

explain how prisons use external forms of social control- structure 4marks?

1. define external forms of social control

2. define coercion

3. explain how prisons use coercion to achieve social control

4. define deterrence and fear of punishment

5. explain how prisons use deterrence to achieve social control

AC.3.1

police aims

• keep peace and maintain order

• protect life and property

• bring offenders to justice

police funding

• 62% from central government

• 24% from cousil tax

• 13% from other income and special grants

• HMIC issues a warning that a shortage of detectives and investigations amounts to a national crisis

• police funding has fallen in 2010/18 by 19% and there was a fall in 20,000 police officers

working practices of police

• PATROL- this achieves social control by having a physical presence on the streets acts as a deterrence

• ARREST- this achieves social control by stopping person from committing crime

• INTERVIEW- this achieve social control by solving crime- getting criminals off streets and deterrence

discuss the role of police in achieving social control? 5 marks

• give an aim of the police e.g achieve social control by arresting offenders of crime

• one working practice and then how this achieve social control e.g interview, arrest, patrol

• another working practice and how this achieves social control

(you can not do an aim and use 3 working practices to achieve same amount of marks)

WEAKNESSES of the police- reports

• not effective when achieving social control due to not dealing with reports efficiently. In cromer 2017 police met with local residents and 37 crimes discussed in meeting (rape, theft, assult)-

• failed to provide supports and classed crimes as low level

• this does not achieve social control as the police failed to correctly report crimes and support victims, therefore offenders not punished for there crime could go to commit more.

WEAKNESS of the police- rising crime rate

• another reason why police are not effective at achieving social control is the rising crime rates

• the Crime Survey for England and Wales (CSEW), knife-related crimes have surged back to nearly pre-pandemic levels, with 55,008 offences recorded, representing a 4% rise.

• police not deterring people from committing crime

WEAKNESS of police- Stephen Lawrence

• good example of police not achieving social control

• family waited 20 years for justice as police didn’t carry out the interview process right

• mcpherson report shows racism

• not social control- bias and guilty not found guilty so can go on to commit more crime

strength of the police

• work in the community to prevent crime (patrol, neighbourhood watch) this achieves social control as it keeps public safe and tries combat anti social behavior with community ax=ction teams

• issuing punishments for offenders such as cautions and penalty notices this achieve social control as it stops them from re offending

• Alice ruggles- caught offender in the same night after effective phone call

what are the 7 LIMITATIONS of agencies in achieving social control (number 1 and 2)

1. relapsing into offending- sentencing fails to reduce re-offending- criminals receiving convictions repeatedly, fewer stopping (no deterrence) 29% of adults re offend, 33% juveniles- not acting as a deterrent as same arrested

2. legal barriers and civil liberties e.g social control- e.g PACE- set of guidelines for the police to follow- detention without charge- infringing freedom, may lead public to rebel against the police, abu quatada

3. local and national policies- start to prioritize mainly trivial crimes to meet government targets- rape cases take 129 days on average and theft takes 2, dedicated 2.1 million to knife, gun and gang crime

7 LIMITATIONS of agencies in achieving social control continued

1. access to resources and support- evidence may not be stored correctly, coroner report 2017 37 cases lower level- no support for victims, baroness Casey report said they spent money on night vision goggles they do not need, HMRC issues national shortage in officers and detectives 2012 target to have 32,000 officers but only had 27,500 in 2021- not trained in mental health

2. finance- 19% funding cut, 20,000 officers gone- less police to patrol streets and answer phone calls- not achieving social control, 46 thousand recruits employed under finance

3. the environment of the offenders may not help as cannot remove background- gangs

4. those can feel crime is correct and moral- arresting someone doesn’t always achieve fear of punishment

features of the crime control model

• crime is a threat so we should focus on punishing the offender

• focus on protecting the victims rights

• social control and order is necessary condition to free society

• presume guilt as CPS and police have charged

example of crime control model

• delivery driver had a acid attack which changed police powers from only arresting if carrying acid with intent to can arrest and search for substance without intent

right realism link to crime control

• conservatives approach to justice has much in common with right realism

• zero tolerance and policing strategies favors the police having greater power to investigate

features of the due process model

• herbert pecker created idea of models of justice

• innocent until proven guilty

• focus on the rights of the suspects

• government and police powers should be limited to prevent oppression

• less faith in police ability to conduct investigations

example for the due process model

• JLS singer Orise Williams faced allegations of rape

• police couldn’t clear his name fast enough- people assumed he was guilty and he could not work for 3 years and his house was set fire to

• shows that people for be seen innocent until proven guilty

left realism link to Due Process Model

• left agrees that police must follow due process by acting lawfully and not discriminate to fight crime

• policing should rely massively on cooperation of the community

Aims of the CPS

• the right person prosecuted for the right offence and bring justice where possible- fair no bias

• main prosecution service for england and wales

funding for the CPS

• most income from the government- half a million a year

• recovery funding

• CPS faced budget cuts from 25% in 2018 and lost 1/3 of staff

working practices of the CPS

• ADVISING the police in their investigations on lines of inquires or evidence- this achieves social control as more likely to find

• DECIDING weather to prosecute and if so what charge

• PREPARES prosecution services and presents in court using own lawyers and specialists- shows anyone who commits crime will be prosecuted

7 limitations for the CPS

• re-offending- 2023 the CPS case load was 62,806 with 46% re-offending within a year

• legal barriers- Abu quatada- not allowed to prosecute but not allowed to deport

• access to resources and support- CPS staff and courts under- resourced leading to backlogs and poorer outcomes for victim of most serious sexual offences- understaffed don’t do trial

7 limitations of the CPS continued…

• finance- staff cuts since 2010 lead to delays, errors and waste says legal expert- less employees 1/3 of staff gone in 2018 due to 25% budget cut- head of CPS said cps and police failing to investigate cases of fraud, rape and slavery- accused of downgrading charges to go to magistrates- cheaper (limited powers so lighter sentences)

• local and national policies- focus on certain policies may mean others are overlooked-14 regional teams who work with local issues- have to prioritize national over local

• crime committed with moral imperatives- April 2009 to march 2004 the CPS received 187 assisted suicide many say this law is unclear so unfair if CPS prosecute

weaknesses of the CPS -

• damilola taylor- 8 years focused on one witness who was 14, gave her £50k and new clothes so didn’t collect other evidence

• CPS not always prosecting cases- urged to only prosecute strong rape cases to help the widespread and make them look better

• lord Jenner- not guilty, because had dementia

• waiting times are long

how are the CPS effective (strengths)

• independent body- reduce risk of bias as charging decision used to be made by police

• multiple stages used to charge- improves consistency as all CPS areas will make the same decisions

• in 2018 CPS prosecuted 80,000 cases in the crown court and 450,000 cases in magistrates 84% of defendants were convicted

judiciary aims

• deliver justice

• convicting and punishing the guilty

• stop re offending

• interpret and apply law

funding of the judiciary

• 2 billion total amount spent per year by her magi-sties courts and tribunal who oversee all courts

working practices of the judiciary

• IS EVIDENCE ADMISSIBLE in court- this achieves social control by right people are prosecuted- builds respect for the court

• INSTRUCT barristers and juries within a trial and points of law

• SENTENCE OFFENDERS using sentencing guidelines- this achieves social control as is ensures fair sentences are given and justice is served

How is the judiciary effective

• sentencing guidelines ensures fair criminal justice system

• secure tenure- judges feel protected when making a decision (can’t be dismissed)

• verdict is made by more than one person- fellow public decide and then judge applies the law

judiciary not effective

• Levina Wood- stabbed her boyfriend and given a suspended sentence as the woman was a heart surgeon

• representation- old, white upper class who are out of touch with modern society- soft when giving sentences ‘pale, male and stale’

• unduly lenient sentence scheme shows that judges are lenient- Stuart hall- indecently assaulted children over 18 year period given 15 months, Ian Patterson- given 15 years for performing unnecessary breast surgeries

• waiting time for crown court is approx 19 weeks

• spending system fallen by 25%- lower quality barristers

judiciary limitations (3)

• repeat offenders- £24,000 for one trial- funding for other agencies is taken away for repeat offenders, judicial system is ultimate punishment and failed to deter

• civil liberties and legal barriers- restrict power of courts to punish criminals, offenders don’t have the right to privacy due to public gallery and media reports

• access to resources and support- backlog of cases set to reach 100,000 without action of shortage of judges

judiciary- limitations (4)

• finance- since 2010, 295 courts closed across england and wales under funding cuts, including half of all magistrates

• local/ national policies- when certain crimes are highlighted in local/national policies the judges may feel pressure to priorities (south-port stabbings in 2024, sentenced in 2025)

• environment- consider mitigating factors when sentencing Devon extremist, hares pairs (diagnosed with autism) urged killing of Jews but had reduced sentence because of lock down and easily manipulated

• crime committed with those with moral imperatives- are punishments pointless?

describe the law making process (government) 12CR3R

• green paper- initial report to revoke public discussion

• white paper- sets out detailed plans

• House of commons or lords

• 1st reading- formal announcement of the bill followed by a vote to go to 2nd

• 2nd reading- main principles are considered and debated by HOC or HOL

• committee stage- line by line, amendments are proposed

• report stage- consider committee report and debate amendments

• third reading- final stage to debate, no more amendments

• royal assent

law making process (judicial precedent)

1. judicial precedent

   • laws made by judges in court when a case appears before them they make a judgement- forms the law

   • it must be then followed in similar cases 9lower rank always follow)

example of judicial precedent

Donaghue and Stevenson VS Daniels V White

• D&S (1932) drank ginger beer with a snail from Stevenson- judge said it was the manufacturers fault not Stevenson

• DVW (1938) lemonade had metal in and Daniels experienced burning in throat- same decision was made

judicial law making process (statutory interpretation)

• judges in superior courts such as appeal are sometimes called upon to interpret words and phrases for lower level judges

• literal rules- judge applies what it says

• golden rule- literal rule applied but can look for different meaning

• mischief rule- more discretion- what the law was before legislation

example for statutory interpretation

White V Chapel

• took someone who was dead and voted twice, lower level called higher judge and superior used literal rules- they didn’t impersonate as they were dead and dead cannot vote

aims of prisons

• protect the public from harm

• help people who have been convicted to rehabilitate so they can positively contribute to society

• to hold prisoners securely and implement sentences

prison funding

• government run prisons are funded by taxes

• privately run prisons have contracts with the government

• 2018 total budget was approx 3 billion, 16% lower than 2010

• 2015 report suggests tax payers more to run prisons than most other major countries

working practices of prison

• ESCORT prisoners to their education/training/jobs- gives them a chance to get training, rehabilitate

• IMPLEMENT earn privileges or reduce to basic level- prisoners commit less assaults, making the prison officers job easier, more staff, also continues good behavior

• securely HOLD prisoners away from the public-offenders not threatening the safety of public and acts as deterrence

effectiveness of prisons

• prison reform trust- anyone serving 2 days or more has someone check on them- ensure no more crime committed, if they do taken back

• gets through gate provision- support when leaving, housing, finance, employment

• token economy- good behavior will continue

• opportunity for rehabilitation, educations, qualifications to keep them on right path

• open prisons- builds trust and smooth transition

• protects the public from most violent

prisons not effective

• prison population has risen by 80% in last 80 years

• they overuse prison for petty crime- over 43,000 people sent to prison in 2023 and 63% was for non violent crime

• 19 attacks a day on staff in 2023

• little to no social control in prison, 40% increase in riot squads

• drugs

• 2018, 47,000 attempts of self harm and 69 suicides

limitations of prisons (3)

• repeat offenders- 63% re offend within a year who served under 12 months, high re offending rates on release from prison costs taxpayer 15 billion a year

• civil liberties and barriers- right to privacy isn’t achieved in prisons, e.g sharing toilet, legal barriers for deporting criminals

• access to resources and support- staff shortages and lacking in experience, 15% fall in staff 2010-18, less experienced 1/3 of officers have less than 2 years experience. only two-fifths were assessed as good or reasonably good for activities they deliver (color in peppa pig). housing benefit stops after 13 weeks

limitations of prisons (4)

• finance- budget cuts- leaving understaffed 1 in 7 prison officers left roles in 21/22 ½ had only been there two years. overcrowding, almost ½ of prisons worldwide are overcrowded & current prison population in england and wales in 80,000

• environment- limited education/rehabilitation opportunities, 2018 report says prisons had few useful programmers to offer, 58 deaths in prison due to spice, staff have lost control- BBC documentary- didn’t check boults

• local and national policies- funding can impact rehabilitation programmers, by setting national policies on sentencing guidelines may cause overcrowding, token economy not always used

• crime committed with moral imperatives- ineffective system as how can it change their behavior

what is crime prevention through environmental design

• area designed or changed to deter crime, make more difficult to commit

• Westminster bridge- terrorist attack with car mounted so put barriers on to stop

• benches have arm rests to stop homeless sleeping

a prison CPTED

• pan-optician design- used to improve social control, watch tower in the center, cells around the outside, all prisoners observed in each wing, lights are put on to stop prisoners from knowing if there is anyone in there

CPTED example 1

1. surveillance

   • CCTV- creates risk of detection (video recording, audio)

   • security- presence of security guards scare people away

   • layout- modern housing estates have houses facing each-other and gardens connected- easy to see able to provide statements- deter people

CPTED example 2

access control

• perception of risk offenders by making access to targets difficult

how it can be controlled

• gated lanes - lockable gates to alleyways to prevent crime in older housing- 43 studies, side bottom found burglary rates reduced as they act as a physical barrier

• coldesacs- neighbors can see occurring crime

example number 3 for CPTED

territorial reinforcement- sign to show ownership

• security systems- likely to scare of offenders because afraid of punishment

• landscaping- fences, bushes

Example 4 for CPTED

maintenance

• upkeep of property to prevent deterioration (broken windows)

• by regular changing of bin bags

• broken windows theory- unkept area will attract anti-social behavior- low level crime will turn into high level crime if people move away

how is CPTED effective

• have been found effective 12-13% reduction of crime where places have put CPTED

• cost saving- no burglaries

• bring community together- prevent together

how is the CPTED not effective

• not new designs- doesn’t always work for everyone

• cost- CCTV, lights

• invasion of privacy

ASBOS- behavioral tactics

• anti-social behavioral orders introduced in 1998 by tony bair

• civil community orders and used to constrain a person from committing an action

• if ASBO is broken it is then a criminal offense and punishable for up to 5 years

• it was abolished in favor of the of the antisocial behavior, crime, punishing act in 2014

why was the ASBOs banished

• in 2009 56% of ASBO’s breached

• not the best way to deal with crime as there is constant threats

CBO: behavioral tactics

• criminal behavior orders

• deal with serious anti-social individuals who cause harassment, alarm or distress to others

• it lasts 2 years and breaching can mean up to 5 years in prison

conditions

1. person engaged in behavior that caused or was likely to cause distress or harrasment

2. the court considers that making the order will help in preventing the offender from engaging in such behaviors

effectiveness of CBO

• cheaper alternative to custodial sentences

• much easier to monitor than ASBO’s

• meets range of aims

how is the CBO’s not effective

• the preventative measures of the CBO are difficult to monitor

• the enforced actions will only work if offender WANTS to change

what is token economy

• form of behavior modification, designed to increase desirable behavior and decrease undesirable behavior often used in institutional settings

• given tokens immediately after displaying undesirable behavior the tokens can be exchanged for desired objcect

how does token economy acheive social control

prisons- use privlages to encorage desirable behavior, conditioning them

effectiveness of token economy

• cheap

• research indicates it is effetive in modifying behavior whilst in prison

• maintains social control

how is token economy not effective

• can be expensive

• doesn’t get to the root cause of what is causing crime

• individual differences- doesn’t always work

• only found to be effective if consistent approach used

what is institutional tactics (agencies)

rules and punishments set by each agency

1. the court: formal sanctions- formal sanctions fines and sentences

2. probation: restrict their curfew, regular meetings, sticking to lisences

3. prison- token economy, can restrict phone calls and visits, can keep you in your cell for 23 out of 24 hours or add an extra 42 days

gaps in state provision

• agencies in the criminal justice system that never achieve social control for number of reason

• unreported crime- 58% is the dark figure of crime

• threat of prison does not detter everyone

• new technology

what are the aims of a probation officer

• protect the public by effective rehabilitation of high risk offender

• tackle causes of crime in order to turn offenders lives around

funding of probation officers

• the national probation servive is government run so taxes fund it

• the Community Rehabilitation companies- deal with low to medium risk offenders are government funded

• in 2015 change to how its funded- private companies are outsourced

working practices of the probation service

• carry out risk assessments and review meetings with offenders- ensuring they won’t re-offend

• ensure community orders- they don’t live in certain mileages of schools to reduce re-offending

• provide pre-sentencing reports to the judge- ensuring offenders are given an appropriate sentence in order to rehabilitate and show criminal behavior will be punished accordingly

how is the probation service effective in acheiving social control

• 33% re-offending rates for adults- much better than other agencies

• cover a variety of aims of sentences e.g public protection, individual, detterance, rehabilitation

• helps offenders re- settle and reintergrate into society

• government made improvements by removing CRCs

how is the probation service not effective in acheiving social control

• for less than 12 months sentence 64% reoffend

• 294 forecasted losses of CRC (not paid because clients reoffend)

• over rely on new agency workers, shortcomings in keep victims points- glyn stacey report 2019

• HM inspector says that staff are more focussed on paperwork and targets at the cost of the prisoners

• 1 out of 98 people have a mentor- too many people being released without and having no where to go

• pre-sentencing reports not good enough leading to unfair sentences

limitations for probations (3)

1. repeat offenders/recidivism- only office work hours so can’t meet with offender, 54.9% released from custodial sentence of less than 12 months re-offend Joseph- accidentally released, went on 15 day ramage raping women aged 11-75 but had 3 probation workers.

2. civil liberties and legal barriers- can they monitor everything? not freedom of movement/ privacy ect

3. access to resources- over half (55%) were dissatistied with guidance recieved about how to manage work, 30% of probation are understaffed,51% found work load not manageable

limitations of probation service (4)

1) lack of funding- over a 5 year period there has been massive restructures costing probation millions, between 2010-2015 there has been 20% budget cuts, and now 11% lower than it was, lost 10k 250,000 prisoners

2) local and national policies- priavte run companies different to government run- funding issues in certain areas may impact cases, local policies regarding housing and employment may impact ability to do their jobs

3) environment- if the offender returns to a unsupported community they are more likely to offend- making probation workers job much harder

4) crime committed by those with moral imperitives- is it a waste of time if they wont do it again?

what is retribution

• offender needs punishing for their conduct

• ‘eye for an eye’ mentality

• is proportional to the seriousness of the offence

• what offender deserve to achieve justice e.g death penalty

• e.g life sentence (65 people in the UK), by taking away their freedom but hard to say if imprisonment gives offender correct sentence

what is individual deterrence

• aimed at dettering that particular person from crime

• courts to pass increasingly severe sentences if repeat offending

• the hope eventually the sentences persuade offender not to re-offend

• e.g tags, unpaid work. only works if offenders capable of thinking and acting rationally (not under the influence), and many re-offend

what is general deterrence

• aimed at dettering members of public from committing crimes, exemplary sentences often passed under this aim

• the court punishes an offender in order to show what is likely yo happen when people behave in the same way

• e.g london riots- harsh sentences, and south port stabbings- people still offend

what is rehabilitation

• to use sentencing to reform the offender so that they are less likely to commit further offences

• the criminal justice act in 2003 suggests that the courts take rehabilitation into account when deciding which sentence is most suitable for the offender

• e.g did they go to anger management or AA meetings, prisons have poor record of reoffending (48% re-offend within a year of being released)

what is public protection

• when sentence is decided public protection needs to be considered

• this aim focuses on more serious crimes

• putting sanctions in place to ensure the offender can not harm society

• e.g prison

what is reparation aim of punishment

• the concept was introduced by criminal justice act in 2003

• an offender gives remedy to their victims or society to show remorse

• trying to repair any damaged caused to compensate victim

• e.g restorative justice, under prisons earnings act 2011 they can be made to pay earnings to victim support (however few prisoners have opportunity to pay)

mandatory life, what aim it achieves and S and W

• can range from 15 years to whole life, judge will state minimum

• S- fits public protection as cant harm offenders, and retribution as ‘eye for an eye’

• W- 51k for a year, and why rehabilitate for life 90 years unlikely to commit

fixed term, what aim this achieves and S and W

• given fixed sentence- length set by months and years

• S- achieves public protection

• W- increase overcrowding, difficult to know if offender has correct sentence

suspended sentences, what aim it achieves S and W

• sentence ‘post-poned’ for a set period

• S- cheapest form of prison sentence, gives offender second chance

• W- not protecting the public, victims are not getting justice and does not achieve general deterrence

community sentences, what aim it achieves and S and W

• alternative to prison

• certain conditions are set that offender needs to follow e.g comminity payback and unpaid work or curfew, tags and probation

• S- aims to change person and reduce re-offending, cheaper than prison, may repair damage to society

• W- does not act as a individual or general deterrence which could lead to increase in offending rates, does not protect the public

Fines, what aim it achieves and S and W

• usually given for less serious crimes, amount will depend on seriousness of crime/ offenders ability to pay

• compensation payment- paid to victim

• court costs- pay towards cost of hearing

• S- compensation may help the victim (reparation), achieves deterrence (individual and general) doesn’t use resources

• W- often seen as ‘soft’ option

Discharges what aim it achieves, S and W

1. conditional- often used for more minor offence- no further sanction if no more offences for 3 years during conditional discharge unless rules broken and then they are resentenced for original and new offence

2. absolute- is rare- no penalty imposed of court deemed

• S- embarrassment and fear of punishment should achieve individual deterrence as they came close to arresting, low rate of re-offending following discharge

• W- lowest level of punishment, does not achieve reparation or retribution