Criminology unit 4- AC2.3

asses how forms of punishment meet the aims of punishment

what are the 4 forms of punishment

imprisonment

community sentences

fines

discharges

what are the 4 types of imprisonment

life sentences- lasts whole life, can be released but if conditions are broken you are sent back to prison

indeterminate sentences- no fixed date of release, have to spend minimum amount of time before can be considered for release

determinate sentences- fixed length of time, part of sentence in prison and part in community

suspended sentences- served in community instead of prison, certain conditions: stay away from certain places, unpaid work

how does imprisonment not meet the aims of retribution

does not meet aim because some sentences too lenient

life sentence most serious punishment in UK- not full life, usually only 16 years, however they sped the rest of their life serving their sentence under monitoring and restrictions and can be sent back to prison at any time for breaking these conditions

example: Reynhard Sinaga- raped approximately 190 men and only received minimum 30 years in prison (lenient)

how does imprisonment not meet the aims of rehabilitation

can be shown by high reoffending rates- adults= 42%, sentences less than 12 months= 63%

short sentences don’t give the offender to deal with mental health or drug problems

lack of education and training in prison- 50% prisoners have literacy skills of an 11 year old so struggle to find jobs

how does imprisonment meet the aims of reparation

prisoners can repay damage to victim by paying their earnings towards victim support services (prisoners earnings act 2011)

however, not many prisoners earn enough money in prison to be able to do this, shows it does little to meet the aim

how does imprisonment meet the aims of deterrence

risk of going to prison deters people from committing offences

however, high reoffending rates show prison isn’t an effective deterrent- it only works if the prisoner is thinking rationally, usually they are not due to drugs, alcohol, mental health and poor education

how does imprisonment meet the aims of incapacitation

keeps offender away from the public (protects public)

indeterminate sentences keeps them away until they are not considered a danger any more

most prisoners are released on licence which means they are under constant supervision

however, prison can be considered a school of crime where prisoners can learn new skills to commit crimes when they are released (reoffending)

how do fines meet the aims of retribution

making someone pay their own money is a good way to make them suffer for the harm they have caused

however, many fines dont get paid, can mean fines dont meet the aim (£623 million of fines were unpaid in 2019)

how do fines meet the aims of deterrence

fines can make the offender not want to reoffend due to the fear of further punishment, effective deterrent

how do discharges meet the aims of deterrence

discharges are lowest level of punishment- simply a warning to individual

there are low reoffending rates following a discharge- court experience is enough to deter the individual from committing more crime

how do community sentences meet the aims of retribution

all community sentences have element of punishment

e.g. curfew restricts where the offender can go or what they can do

how do community sentences meet the aims of deterrence

can be made to wear hi-vis jackets which say ‘community payback’ on them while completing their community service

may find this embarrassing which would deter them from reoffending with the same crime as they dont want the same punishment

how do community sentences meet the aims of reparation

can be made to complete unpaid work to repair damage of victims property

can be made to complete unpaid work in the community to repay them through litter picking and cleaning graffiti

how do community sentences meet the aims of incapacitation

does not meet aim as offenders are not locked away in prison

how do community sentences meet the aims of rehabilitation

offending usually has an underlying cause such as poverty or drug/ alcohol problems

meets aim as offender may be ordered to receive treatment for their problems or receive education in order to be able to get a job and a place to live

ministry of justice found that 34% of offenders reoffend 12 months after community sentence compared to 64% who ae released from prison- shows effectiveness of community sentences rehabilitating offenders