AC2.2 - Discuss the Aims of Punishment Flashcards
What are the 5 main points of the criminal justice act 2003, outlining the purposive of sentencing?
The punishment of offenders.
The reduction of crime, including by deterrence.
The reform and rehabilitation of offenders.
The protection of the public.
The making of reparation by offenders to persons affected by their offences.
What is retribution?
Deserved and proportionate punishment. ‘Eye for an eye.’
Focuses on inflicting punishment, rather than changing future behaviour.
What’s a case study example of retribution?
Harry Dunn
What are 3 harmful things about retribution justice?
Makes justice into a transaction.
Makes it more difficult to consider mitigating factors, especially where mandatory minimum sentences are given.
Dehumanises offenders- Makes punishment and harming someone okay.
What are 3 positives of retributive justice?
Upholds the authority of the law.
Discourages others to commit similar crimes.
Gives the wrongdoer what they deserve, with a proportional punishment.
What is rehabilitation?
To reform offenders and reintroduce them into society.
Looks to change behaviour in the future rather than prevent crime.
What are the 2 types of deterrence?
Give a brief explanation and an example.
General deterrence: to prevent potential offenders from committing a crime. E.g. media reporting punishments that are given for certain crimes, such as harsh punishment during the 2011 London riots.
Individual deterrence: to ensure an offender doesn’t re-offend. E.g. suspended sentences where the offender goes to prison if a further offence is committed.
What is the issue with deterrence?
Security vs certainty. Crimes which have harsh punishments can be hard to catch people doing, so the punishment isn’t as much of a deterrent.
But if the chances of being caught are high, even a small punishment can deter some people.
What is incapacitation?
Give 4 examples.
Taking dangerous criminals out of society to protect the public. E.g imprisonment, curfew orders, house arrest, electronic tagging.
What is reparation?
Compensation to the victim via money, or community payback to repay society.
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