Unit 4, 2.3 Assess how Forms of Punishment Meet the aims of Punishment

  1. Imprisonment

    • Examples

      - life sentences: a “tariff“ is set by the judge when passing the sentence stating the minimum term that a person has to serve in prison.

      - fixed term sentences

      - indeterminate sentences IPP: not giving a specific term for stay in prison, offenders never know when they finish their sentences.

      - suspended sentences

    • How aims are met

      - rehabilitation- post sentence supervision.

      - deterrence- life sentences, fixed term sentences.

      - public protections- life, indeterminate, fixed term, post sentence supervision sentences.

      - reparation- life sentences.

    • Effectiveness

      - high recidivism rates = 55.1% (2021)

    • Criticism

      - overcrowding

      - high recidivism rate

      - Learning Theory- prison is like a university for criminality.

      - rehabilitation- overcrowding (not same opportunities for all), offenders need to volunteer, even after there is still high recidivism rates.

  2. Community Sentences

    • Examples

      - community payback

      - unpaid work

      - curfews

      - drug treatment and tests

      - community supervision

    • How the aims are met

      - deterrence: restricts offender’s liberty while providing punishment.

      - rehabilitation: rehabilitate offenders as a requirement of the programme.

      - reparation: ensures the offender engages in reparactive activities.

      - retribution: working in and for the community.

    • Effectiveness

      - 8.3% more effective in reducing re-offending rates

      - 2021- reoffending rates after 12 months = 34% (55.1% after custodial sentences).

    • Criticisms

      - no protection from crime

  3. Fines

    • Examples

      - fixed penalty notices (depends on financial circumstances of the offender and seriousness of offences).

    • How aims are met

      - deterrence: when fines are high enough.

      - reparation: paying back so damage done can be fixed; money can also go to the victims of the crimes committed.

    • Effectiveness

      - those given fines are more likely to reoffend than those with no court-ordered punishment at all.

    • Criticisms

      - retribution: undermine moral judgement of defection

      - rehabilitation: do not rehabilitate

      - public protection

  4. Discharges

    • Examples

      - conditional: where the defendant reoffends during a set period of time (up to 3 years), the courts can then impose a different sentence.

      - absolute: where no penalty is imposed as the defendant is guilty but morally blameless.

    • How aims are met

      - deterrence: going through court process; works as a warning.

      - public protection

      - reparation: change to try again, help society.

      - self-rehabilitation: learning through shock of court process.

    • Effectiveness

      - 66% reoffend after only 6 months.

    • Criticisms

      - public protection: not always provided

      - no retribution