AC 2.3 Assess how forms of punishment meet the aims of punishment.
How do forms of punishment meet the aims of imprisonment?
Punishment in prison can be seen as meeting the aims of retribution, rehabilitation, and deterrence.
The aim of punishment is to punish the offender and to prevent them from reoffending. Prison can be
seen as effective in achieving these aims, with 86% of 18 and under re-offending and 48% of over
18's committing further crimes within the first year of leaving prison.
Theories relating to imprisonment
Right realists suggest that the theory of rational choice will mean that offenders and potential
offenders are likely to think more rationally about their actions before committing another crime.
Positives and negatives of imprisonment:+One positive of imprisonment is that it can often result in a
lengthy sentence, which will make the offender less likely to pose a threat to the public. - Prisoners
are not protected from dangerous individuals while they are in prison, and they are at a higher risk of
reoffending if they are granted parole without any rehabilitation process.
Describe Financial penalties
The court will decide the amount of money that an offender should pay based on the offence, the
offender's ability to pay, and any information taken from their means form. Before issuing a fine, the
court must first verify the offender's income, expenses, and savings.
How do forms of punishment meet the aims of financial penalties?
Reparation is a payment made by an offender to the victim of an offence, in order to compensate
them for the harm that was caused. There may also be an additional payment called a 'victim's
surcharge' of £15 imposed, as a form of retribution. A fine may act as a form of deterrence, by
warning the offender that the consequences of committing a crime may be severe.
Positives and negatives of financial penalties
If an offender is paying compensation to a victim, this may be considered reparation, but if the
punishment for serious injuries is fines only, this may not be enough to teach the offender the
importance of rehabilitation.
Explain Community Sentences
Community sentences are given to people of ages above 16 and the probation order must be for
between 6 months and 3 years and given out under the Criminal Justice Act 2003.
How do forms of punishment meet the aims of community sentences?
Reparation refers to community sentences that involve offenders doing unpaid work to make up for
their wrongdoing. The main aim of reparation is to punish offenders, but it also has the potential to
deter them from committing crimes in the future.
Positives and negatives of community sentences
This article discusses the benefits of community sentences over custodial sentences, and how they
are more effective at rehabilitation than imprisonment. Between 2007 and 2017, community order
sentences fell from 14% to 8%, indicating that fewer juveniles are committing petty crimes. However,
while a community sentence does not incapacitate an offender, the public is not protected and can be
at risk if an offender is particularly dangerous.
Describe Discharges
If a court finds a person guilty of a crime, but decides not to punish them further, they may be given a
"discharge." Discharges can be given for minor crimes, such as being drunk and disorderly in public.
There are two different types of discharges: conditional discharge and absolute discharge.
Positives and negatives of discharges
Is a discharge from prison a minor punishment for a minor crime? If so, this may partially deter an
individual from re-offending. However, if a particular crime was a mistake, or a one-time occurrence,
harsher punishment such as a prison sentence may be unfair.
How do forms of punishment meet the aims of imprisonment?
Punishment in prison can be seen as meeting the aims of retribution, rehabilitation, and deterrence.
The aim of punishment is to punish the offender and to prevent them from reoffending. Prison can be
seen as effective in achieving these aims, with 86% of 18 and under re-offending and 48% of over
18's committing further crimes within the first year of leaving prison.
Theories relating to imprisonment
Right realists suggest that the theory of rational choice will mean that offenders and potential
offenders are likely to think more rationally about their actions before committing another crime.
Positives and negatives of imprisonment:+One positive of imprisonment is that it can often result in a
lengthy sentence, which will make the offender less likely to pose a threat to the public. - Prisoners
are not protected from dangerous individuals while they are in prison, and they are at a higher risk of
reoffending if they are granted parole without any rehabilitation process.
Describe Financial penalties
The court will decide the amount of money that an offender should pay based on the offence, the
offender's ability to pay, and any information taken from their means form. Before issuing a fine, the
court must first verify the offender's income, expenses, and savings.
How do forms of punishment meet the aims of financial penalties?
Reparation is a payment made by an offender to the victim of an offence, in order to compensate
them for the harm that was caused. There may also be an additional payment called a 'victim's
surcharge' of £15 imposed, as a form of retribution. A fine may act as a form of deterrence, by
warning the offender that the consequences of committing a crime may be severe.
Positives and negatives of financial penalties
If an offender is paying compensation to a victim, this may be considered reparation, but if the
punishment for serious injuries is fines only, this may not be enough to teach the offender the
importance of rehabilitation.
Explain Community Sentences
Community sentences are given to people of ages above 16 and the probation order must be for
between 6 months and 3 years and given out under the Criminal Justice Act 2003.
How do forms of punishment meet the aims of community sentences?
Reparation refers to community sentences that involve offenders doing unpaid work to make up for
their wrongdoing. The main aim of reparation is to punish offenders, but it also has the potential to
deter them from committing crimes in the future.
Positives and negatives of community sentences
This article discusses the benefits of community sentences over custodial sentences, and how they
are more effective at rehabilitation than imprisonment. Between 2007 and 2017, community order
sentences fell from 14% to 8%, indicating that fewer juveniles are committing petty crimes. However,
while a community sentence does not incapacitate an offender, the public is not protected and can be
at risk if an offender is particularly dangerous.
Describe Discharges
If a court finds a person guilty of a crime, but decides not to punish them further, they may be given a
"discharge." Discharges can be given for minor crimes, such as being drunk and disorderly in public.
There are two different types of discharges: conditional discharge and absolute discharge.
Positives and negatives of discharges
Is a discharge from prison a minor punishment for a minor crime? If so, this may partially deter an
individual from re-offending. However, if a particular crime was a mistake, or a one-time occurrence,
harsher punishment such as a prison sentence may be unfair.
