1
Q
What are the 4 types of sentence court can give?
A
- prison
- community sentence
- fines
- discharge
2
Q
Describe life sentences (a prison sentence)
A
- Most severe.
- Judge sets minimum term before parole considered
- Conditions are attached to any release.
• Person will remain ‘on licence’ for life
• Mandatory life sentences-life given because of the crime, e.g. murder - Discretionary life sentences can be given by a judge
•Whole life terms are for the rest of someone’s life
3
Q
Describe intermediate sentences (a prison sentence)
A
-Serious crimes
• Person a risk to society.
• No minimum term set (unlike life sentence)
• Parole Board decides if person can be released.
• Abolished in 2012 so cannot be given, but still 2,600 serving them.
(Known as IPP’s)
4
Q
Describe determinate sentences (a prison sentence)
A
- Most sentences belong in this category.
- Sentence has a set length.
- Normal for only part to be served.
- Under 1 year, person usually released after half.
- Over 1 year, person released after half but remains on licence = probation supervision-conditions usually attached.
- After period of licence ends, still on probation for 12 months.
5
Q
Describe a suspended sentence
A
- Can be imposed if the prison sentence would be less that 12 months
- Have to adhere to set conditions
- Must not reoffend
- If they do reoffend will serve prison sentence for original offence and new offence.
6
Q
Describe a whole life tariff (a prison sentence)
A
Go to prison for life/forever, no parole
7
Q
Explain why prison meets the aim of retribution
A
Meets the aim for some cases such as theft as prison takes away a persons freedom as punishment which can be seen as proportional
8
Q
Explain why prison doesn’t meet the aim of retribution
A
Doesn’t meet the aim for extreme cases e.g. Rachel Nickell as prison may not be seen as proportionate to the trauma/harm caused
9
Q
Explain why prison meets the aim of rehabilitation
A
-It provides rehabilitation programmes such as thinking skills programme, DID, etc
- point of prison is to try change person
10
Q
Explain why prison doesn’t meet the aim of rehabilitation
A
- As few prisons have adequate rehabilitation programmes and lack resources and training in prisons which means access is limited
- only 3% of people identified as having drug/alcohol problems get access to rehabilitation programmes
- left realists say need to tackle root cause
- reoffending rates: 46% of adults reoffend at within one year of being released
11
Q
Explain why prison meets the aims of reparation
A
- The Prisoners’ Earning Act 2011 says that if prisoners earn money from a skill/trade while in prison that some can be used for victim support (but doesn’t happen very often)
- if includes RJ programmes: RJ has a 85% satisfaction rate for victims. It empowers them to heal
12
Q
Explain why prison doesn’t meet the aim of reparation
A
- doesn’t really repair much harm done, other than knowledge offender punished
- cannot repair some damage e.g. murder such as Rachel Nickell case
- RJ can be dangerous for DA cases as vulnerable to being re victimised
13
Q
Explain why prison meets the aim of deterrence
A
- As harsh punishment can make people think twice
- right realists believe prison works + rational choice theory + operant conditioning
14
Q
Explain why prison doesn’t meet the aim of deterrence
A
- a lot of people don’t act rationally when they commit crime (may be under influence of drugs, alcohol, extreme emotion or mental illness)
- as reoffending rates: 46% of adults reoffend within 1 year (of being released)
- left realists believe need to tackle root cause and prison doesn’t (if lack rehabilitation programmes)
15
Q
Explain why prison meets the aim of public protection
A
- keep dangerous prisoners seperate from society E.g. Charles Bronson one of the longest serving prisoner as risk to society
- there is whole life tariffs E.g. Lucy Letby killer nurse (killed babies)
- longer sentences have become more common
- intermediate sentences and whole life terms allow authorities to keep people away indefinitely
16
Q
Explain why prison doesn’t meet the aim of public protection
A
- once released can still cause harm to the public
- reoffending rates: 46% of adults reoffend within 1 year (of being released)
- whole life tariffs are rarely given
- prisons are universities of crime- offenders learn new criminal skills and go on to reoffend
17
Q
Describe community sentences
A
- sentences carried out in the community
- for crimes too serious for a fine but not serious enough for prison
- usually conditions such as supervision from probation is attached
- may include unpaid work 40-300 hours
- can include treatment order, curfew and/or residency order
- public is invited to suggest a project that forms community back. This means that work is targeted to communities
18
Q
Explain why community sentences meet the aim of retribution
A
- As curfews, unpaid work and tagging all place restrictions on the offenders’ time and movements and so limits their freedom
- people may be made to wear an electronic tag or high visibility jacket displaying the “community payback” logo. Therefore are seen by the public and so offender is named and shamed in their community
19
Q
Explain why community sentences don’t meet the aim of retribution
A
- Community sentence not always relevant/sufficient to the crime
- E.g. Katie Price doing unpaid work sorting and washing second hand clothes and partaking in social group gatherings for elderly as a punishment for drink driving
20
Q
Explain how community sentences meet the aim of rehabilitation
A
- provide rehabilitation programmes E.g. thinking skills programme and anger management programmes so offers chance to tackle underlying problems such as addictions, mental illnesses, employment, educational needs
- 34% reoffending rate so better than prison
21
Q
Explain why community sentences don’t meet the aim of rehabilitation
A
- not enough places on rehabilitation programmes
- offenders may not turn up for programmes E.g. Paris Hilton didn’t attend alcohol education programme after being arrested for driving under the influence and receiving 3 year’s probation
- 35% of people who get a custodial sentence have already had 5 or more community sentences
22
Q
Explain how community sentences meet the aim of reparation
A
- unpaid work can include correcting any damage to property and general unpaid community work is a form of reparation to society
23
Q
Explain why community sentences don’t meet the aim of reparation
A
- Some aspects of an offence that can never be repaired or made amends E.g. trauma
- in case of Katie Price her punishment didn’t reflect her crime as she was punished with working in a charity shop for drunk driving so not really repairing her damage (not sure about this point)
24
Q
Explain why community sentences meet the aim of deterrence
A
- Can deter as can be an unpleasant experience
- it’s a visible punishment with HI vis vests can be general deterrence and individual
25
Explain why community sentences don’t meet the aim of deterrence
- As failing to transform lives, 35% of people who get a custodial sentence have already had 5 or more community sentences
- have lost confidence of magistrates as over 1/3 (37%) aren’t confident community sentences are an effective alternative to custody and 2/3 (65%) aren’t confidence they reduce crime
26
Explain how community sentences meet the aim of public protection
- If an offender breaches their community sentence they can be sent to prison, further protecting the public
- curfews and tagging are also a means of identifying the whereabouts of offenders which also protects the public in some communities
27
Explain why community sentences don’t meet the aim of public protection
- strictly speaking community sentences don’t achieve the aim of incapacitation to remove offender from society
- it’s impossible to monitor people 24/7
28
Describe fines/financial penalties
- usually for less serious crime
- can be combined with other sentences
- can be paid in instalments or deducted directly from wages or benefits
- fine amounts are based on:
-harm caused
-ability to pay
-first time offender or not
-seriousness of offence
29
Explain how fines meet the aim of retribution
- because it takes away some of the offender's wealth
30
Explain why fines don’t meet the aim of retribution
- Fines often go unpaid (can be due to the offender not being found or they are unable to pay)
• The Daily Telegraph reported that a 1/4 of a billion pounds in fines has been written off or 'administratively cancelled' (Whitehead 2014)
- The Mirror reported that 61% of fines end up being written off or uncollected (Moss, 2015)
- Suggests that fines aren't always effective as they fail to be fully imposed as a punishment
31
Explain why fines meet the aim of rehabilitation
- can teach someone a lesson if it affects their disposable income
- operant conditioning?
32
Explain why fines don’t meet the aim of rehabilitation
- doesn’t teach someone how to behave differently or tackle the root cause of their offending
33
Explain how fines meet the aim of reparation
- sometimes the offender had to pay compensation to the victim or to society to make amends for crimes
34
Explain why fines don’t meet the aim of reparation
- only works if fine is actually collected
- money cannot make amends for some of the harm done
35
Explain how fines meet the aim of deterrence
- once you’ve been fined once you may avoid committing further offences (individual deterrence)
- possibility of going prisoner if don’t pay them
36
Explain why fines don’t meet the aim of deterrence
- wealthier individuals/corporations may risk getting a fine as they can afford it and so doesn’t deter them as much
37
Describe discharges
- Lowest level of punishment.
- Given for lower and first time offences.
- Avoids a criminal conviction
- Courts can impose: Only 2% of all cases result in a discharge
- **Conditional discharge:** person won't get a criminal conviction unless they reoffend within a specified timeframe (up to 3 years). If they do offend they get sentence for old and new offence.
- **Absolute or complete discharge:** The person has technically committed an offence but there is no moral blame.
- Rare
-An Order for Absolute Discharge may be made where a defendant has been convicted of an offence (which isn’t one subject to mandatory minimum sentence requirements) and the court is of the opinion that it’s inexpedient to inflict punishment, having regard to the circumstances, including the nature of the offence and the character of the offender
38
Describe the Thirsk Rail crash 1892 in relation to discharges
- Signalman James Holmes’s baby daughter was sick all night and died in the morning and he hadn’t slept for 24 hours
- Holmes was overcome with exhaustion and fell asleep for roughly 13 minutes
- the passenger express crashed into rear of goods train at 60 mph
- guard of goods train and 9 passengers died
- tried for manslaughter and found guilty
- Judge ruled absolute discharge
- Rail company criticised for making Holmes work after he reported himself unfit for duty
39
Describe the Daniel Cieslak case in relation to absolute discharge
- At 19 met a girl (who was 12) and her friend (who was 13) in a nearby taxi que
- thought the 12 year old was 16 as she said she was 16 and even the taxi driver thought she look 20
- had sex with her
- was discharged absolutely
40
Discuss conditional and absolute discharges and how they do or don’t meet the aims of punishment
**Conditional discharge** is used frequently for first time minor offences. Aims to stop reoffending & deterrence by having the cavate that if re-offending occurs, a more severe punishment can be given.
**Absolute discharge**is rare but is when no penalty is imposed. It's the lowest level of punishment. A court believes the process and experience of being arrested, court etc is enough deterrence to ensure no further crimes are committed.
This wouldn’t work for those who don’t respect the system as they would likely be back in court for re-offending
