Chapter 28 Self-test questions

. Which of the following are objectives of punishment? (Select all that apply.)

Correction

Deterrence

Incapacitation

Reform

. What is meant by 'retributive punishment'?

The aim of punishment is for the offender to experience harm as a consequence of their crime

The aim of punishment is purely rehabilitative and intended to help the offender

The aim of punishment is to open a dialogue between the offender and the community

The aim of punishment is purely financial

. Which of the following are among the steps that need to be taken before retributive punishment is imposed? (Select all that apply.)

Establish the nature of the offence and any evidence for it

Establish the level of harm caused

Establish responsibility for the offence

Establish the police view on appropriate punishment

. What is meant by 'just deserts' within ideas of punishment?

A severe, punitive penalty

A fairly determined penalty

A penalty based on the offender's attitude

A 'light touch' penalty

. In what way(s) have recent legal developments strengthened the position of victims of crime? (Select all that apply.)

Victims now directly decide on punishment

Victims are more entitled to compensation

Victims are now directly involved in charging decisions

Victims now have their voices heard and feelings taken into account

. What is the main principle underpinning judgement and sentencing in criminal punishment?

Crime is irrational so penalties can be arbitrary

Every offence can be dealt with by a fair and calculable penalty

Maximum penalties are the most effective form of crime control

Discretion in sentencing means that sentencing does not need to be consistent

. What right does the 'Community Remedy' give victims in respect of punishment?

The ability to determine the nature of punishment where crime has affected a community

A say in out of court punishments for low level crime

The right to set the level of compensation they receive

The right to demand a review of any case they have been involved in

. What does the Victim Personal Statement (VPS) allow victims to do?

Explain how they or their family have been affected by crime

Explain how they feel an offender should be punished

Specify the amount of compensation they should receive

Determine the nature of any charges the offender will face

. What kind of punishments are imposed as retributive punishments?

Punishments that involve some kind of education and reform

Punishments that involve an agreed-upon reparation

Punishments that involve some form of deprivation, suffering, or physical harm

Punishments that involve collaboration with the community

. What did Foucault mean when he referred to prison as having a 'double foundation'?

Prison is efficient in delivering penalties and offers structure and consistency

Prison offers suitable cruelty and no chance of escape

Prison provides security for offenders and protection for society

Prison offers employment opportunities and political popularity

. When was the death penalty abolished in the UK?

1950

1965

1975

1980

. What is meant by the term 'Community Payback' as a form of punishment?

A form of compensation that must be paid to the community

A form of apology given directly to crime victims

A form of unpaid work carried out as punishment

A form of community education programme

. What is the principle of proportionality in terms of how punishment is determined and what its aim should be?

The punishment should fit the crime

The punishment should always be severe to deter crime

The punishment should err on the side of leniency

The punishment should be agreed upon

. What did Foucault consider to be the purpose of public punishments such as the use of stocks and public executions? (Select all that apply.)

To rehabilitate any fellow criminals who witnessed the events

To demonstrate the power of the state and the legitimacy of its punishments

To inflict pain and humiliation on criminals

To demonstrate the gravity of the offence

. According to Amnesty International, which of the following methods of execution are still in use by various states as part of their application of the death penalty? (Select all that apply.)

Beheading

Electrocution

Hanging

Shooting

. While a range of different types of punishment might be used, what key, overall objective is common to all forms of retributive punishment?

The offender must be helped to see the error of their ways

The offender should be made to explain their crimes

The offender must suffer a penalty to pay for their crimes

The offender should apologise to the victim

. Which of the following is considered to be a key measurement in terms of court disposals?

The use of community punishments

The use of treatment and rehabilitation

The use of retributive punishments

The use of leniency

. What ideas drive punishment rhetoric towards a continued reliance on retributive punishment? (Select all that apply.)

Clear evidence that prison works in reducing reoffending

The idea that those who commit an offence must face a 'real' sanction

Clear evidence that alternatives to prison do not work

The belief that the public support the use of retributive punishment

. Why have additional punitive measures been added to community sentences?

To address the notion that community sentences are a 'soft option'

To improve the efficiency of community sentences

To reduce the workload of the probation service

To align with similar measures used in other countries

. Which of the following might be considered as evidence that punishment 'works'? (Select all that apply.)

That the specified sentence is fully served

That re-offending is prevented

That the punishment is imposed and seen to be imposed

That the victim approves of the punishment

. What is generally meant by the term 'miscarriage of justice'?

The conviction of an innocent person

A wrongful conviction or wrongful sentence

The use of retributive punishments

A court decision that the victim disagrees with

. What is meant by the term 'justice by geography'?

There is variation in sentencing patterns and practices within and across jurisdictional boundaries

There is variation in serious crime according to geographical area

Some areas suffer more crime than others

There is variation in restorative practices in different parts of England and Wales

. What is the main function of the Criminal Cases Review Commission (CCRC)?

To investigate the efficiency of criminal investigations

To investigate the effectiveness of sentencing in the criminal courts

To investigate alleged miscarriages of justice in conviction or sentencing

To act as the main appeal body against criminal convictions

. What does research generally show about public attitudes towards sentencing and punishment?

The public think sentences are too lenient

The public think sentencing is fair and about right

The public think sentences are too harsh

The public is neutral about the level of sentencing

. Which of the following are ways in which the public is thought to influence court decision-making? (Select all that apply.)

Through political interference influenced by public opinion

Through criticism of sentencing in the media and by the public

Through indirect pressure that makes jurists cautious about how non-custodial penalties might be viewed

Through support for the police

. What is the argument of adaptation in punishment?

Individuals should be made to adapt to life in prison

Individuals can adapt to their circumstances so a standard approach to sentencing may not be effective

Individuals cannot adapt to their circumstances so punishment must always be severe

Individuals vary in their capacity to adapt so a standard approach is unworkable

. What is meant by the argument that retributive punishment can only be understood in terms of its symbolic function, not its actual effects?

Retribution is effective and popular so is an important symbol of criminal justice

Retribution is largely symbolic and is seen as being popular rather than effective

Retribution is an important indicator of the views of the police

Retribution is an important symbolic indicator of discrimination in criminal justice

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