what are the 5 aims of sentencing/punishment
-retribution
-deterrance
-rehabilitation
-public protection
-reapration
^criminal justice act 2003
what are the 4 types of punishment
imprisonment -used for most serious offenders eg 1/2 all uk prisoners=sex/violent offenders
community sentences
fines
discharge
what is a life/ indeterminate sentence
-FACT-2018=10,000 prisoners serving this sentence - criminal justice act 2003 allowed offenders to continue to be detained indefinitely after their min sentence if too dangerous eg IPP prisoners
*Is the most serious punishment a UK court can hand down.
*The judge sets the minimum time that the offender must spend in prison before they can be considered for release by the Parole Board (tariff). The Board then assesses whether their release is safe and suitable=no automatic right.
*If so, they are released on licence and have to follow specific rules or conditions and be supervised by the probation service.
*The offender remains on licence for the rest of their life. If at any time they break the terms of their licence, they will be called back to prison.
*Mandatory (compulsory) life sentences: must be given to offenders who are found guilty of murder.
*Discretionary life sentences: can also be given for other serious offences such as rape or robbery, but not all offenders convicted of these offences will get life.
what is a determinate sentence
Imprisonment: determinate sentences
*The most common type of prison sentence. Most prisoners in the UK serve determinate sentences (about 60-65,000 in 2018)
*Where the court sets a fixed length for the prison sentence.
^Offenders will not necessarily spend the whole of their sentence in prison:
*Sentences under 12 months- the offender is normally released halfway through.
*Sentences 12 months or more- the offender spends the first half in prison and the second half in the community on licence. The licence is supervised by the probation service and includes the conditions they must meet (e.g. undergo drug treatment and testing). If they break any of their licence conditions (e.g. commit a crime), the offender could be recalled to prison for all or part of their sentence.
what is a suspended sentence
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Imprisonment: suspended sentences
*Occurs when the court has decided to impose a prison sentence, but suspends it for a fixed period of time, whereby the individual in question is not sent immediately into prison custody.
*They may receive a suspended sentence if they would otherwise be given a prison sentence of less than 12 months.
*Sentences can be suspended for up to two years.
*In 2018, 16% of those convicted of a serious (indictable) offence received a suspended prison sentence.
*They serve their sentence in the community and are given the chance to stay out of trouble and comply with up to 13 requirements set by the court.
*If the offender does not comply with the requirements, or is convicted of another offence during the time of their suspended sentence, they are likely to serve the original custodial term as well as the sentence they get for the new offence.-FACT-2018-16% indictable offenders received suspended sentences
how does imprisonment meet retribution aims
Y-prison punishes by taking freedom/civil liberties/unpleasant conditions
N-society disagrees about wether sentences are too long/short/which offences deserve prison-does it give ‘just deserts’?
how does imprisonment meet deterrence aims
Y-risk of going to prison acts as deterrence
N-re-offending rates suggest ineffective 46% adults re-convicted in year, those on sentence less than 12 months-64%, only works if offenders think rationally eg many are under influence, mental health problems, poorly educated
N-prison might not be enough-should we have harsher treatment in prisons?
how does imprisonment meet public protection aims
Y-takes offenders out of circulation/incapacitates criminals so they cant cause harm eg whole life=perm, indeterminate=as long as threat, suspended=recalled if become a danger
N-Prison can be a ‘university for crime’, where prisoners acquire skills, attitudes and contacts that lead them to offend after their release and potentially to commit more serious offences.
-Most prisoners are eventually released, so while prison buys the public temporary protection, it may result in greater harm later. (cases of reoffending).
-Keeping people in prison is very costly. Critics argue that these funds could be used to pay for other ways of protecting the public e.g. more police patrols or CCTV systems
how does imprisonment meet reparation aims
Y-prisoners earrings act 2011, prisoners permitted to work outside of prison to prepare for release and they can be made to pay some towards cost of victim support services=repsonsibility
N-few have the opportunity to earn money=lack of places
how does imprisonment meet rehabilitation aims
Y-prison supports contact with their family/friends, each prisoner has allocated case manager and custody plan to address their needs,reduce risk/specialist units eg therapy set up to confront their behaviour
N-48% prisoners re-offend within 1 year/5616 recalled 2018 because of short sentences (around 1/2 are 6 months or less) so cant deal with their complex needs eg addiction/mental health, limited opportunities for education/vocational training/courses addressing behaviour so cant prepare for a crime free life (only 1/4 have a job on release) eg ROTL allows prisoners day release to attend work/training but fewer than 400 get this, Many prisoners on indeterminate ‘public protection’ sentences remain in prison due to a lack of programmes that could address their violent behaviour.
*Only 2 in 5 prisons received a positive rating from inspectors regarding purposeful work in 2017-18.
what are community sentences
-imposed on offences too serious for discharge/fine but prison isn’t necessary-will have requirements eg supervising/residency requirement/curfew/40-300 unpaid work
how do com sentences meet aims of retribution
Y-element of punishment , restriction of liberties and freedom, wear high visibility vests with ‘community payback’ on = name and shame
N-too light?
how do com sentences meet reparation aims
Y-unpaid work=repair damage to victim/community eg removing gravity/waste/decorating
how do com sentences meet public protection
Y-if breached sent to prison
N-dosent incapacitate offenders
how do com sentences meet rehabilitation aims
Y-sometimes address underlying needs eg requiring them to undergo treatment for addiction/training to improve job prospects-usually better at preventing recidivism than short sentences (only 34% reoffend after 12mths>64 in prison)-deterrance, less to gain?
N-comun sentences declining 2007-2017 14%-8% , non attendance rates increasing
what are fines
-financial penalties, mainly less serious offences 15% indictable offences, can face prison if don’t pay/deduct from benefits/seize property
-size of fine depends on the offence eg law states min, circumstances eg first offence/level of harm, offenders ability to pay eg poor can pay instalments, which court they are tried in eg magistrates only up to £5000
what aims of punishment do fines meet
retribution-money=good method of suffering
deterrance=reluctant to re-offend, common for 1st offenders, signals worse will come if re-offend BUT many don’t get paid/written off eg 2016 backlog of unpaid fines=£747mil
-dont meet rehabilitation/public protection/
what are discharges
-court finds someone guilty of a minor offence but dosent give them a criminal conviction so they’re given a discharge
-conditional discharge=won’t be punished unless they commit within a set period determined by the court (up to 3 years), if do can be sentenced for the OG and new crime
-unconditional=no penalty will be imposed (defendant is morally blameless), not classed as conviction
how does discharges meet aims of punishment
*Retribution- partially. No punishment involved unless conditions are breached.
*Deterrence- yes. Conditional discharge is a warning. Future offences will be punished which may deter offenders.
*Rehabilitation- no.
*Public protection (incapacitation)- partially. Only if offenders breach the conditions and are imprisoned.
*Reparation- no
case study of re offender
*Desmond Lee: He received a life sentence for the murder of his landlady in 1989, who he suffocated. After having spent nearly 14 years in jail, he was let out on licence in 2004 where he went on to kill his lover Christopher Pratt in 2009. Lee broke Pratt’s voice box and a bone in his neck. The body was still in his flat when he stole Mr Pratt’s credit and debit cards and purchased many goods.
