2.2

Question 1

What are the main aims of punishment?

Answer 1

Retribution, Rehabilitation, Deterrence, Reparation, Public Protection

These aims reflect the various purposes that sentencing serves in the justice system.

Question 2

Punishment - law

Answer 2

Section 142 Criminal Justice Act 2003 - sets out the aims of sentencing following a finding of guilt in accordance with due process. More than one aim may be relevant (e.g. retribution and deterrence)

Question 3

Section 142 Criminal Justice Act 2003 - 5 aims of sentencing

Answer 3

1. punishment of wrongdoers
2. reduction of crime through deterrence
3. reforming those who have comitted offences
4. protecting public
5. making reparation by offenders to those people affected by their crimes

Question 4

What did Kant beleive about punishment

Answer 4

He believed the sole aim of sentencing was to punish, however the sentencing guidelines are clear that prison (the ultimate punishment) should only be considered as a last resort, particularly for young adults.

Question 5

What is retribution in the context of punishment?

Answer 5

A display of public revulsion for the offence, providing justice for society and victims, and ensuring fairness and proportionality in sentencing.

It is a backward-looking approach focused on punishing past crimes.

Question 6

What are examples of punishments that reflect retribution?

Answer 6

• Prison (mandatory life sentences)
• Death penalty
• Disqualification from driving
• Curfew
• Fines
• Unpaid work

These punishments aim to reflect the severity of the crime committed.

Question 7

Retribution - Historically

Answer 7

• Death penalty was used
• Applying proportionality meant that different forms of putting people to death had to thought up to reflect the seriousness of the crime:
• E.g. traitors were hung, drawn and quartered
• E.g Servants who killed their masters were boiled alive
• E.g People burned at the stake for witchcraft

Question 8

Retribution - Today

Answer 8

• The Sentencing Council in the UK helps with proportionality by giving guidelines to courts on appropriate sentences
• The Coroners and Justice Act 2009 says these guidelines should be followed in the interest of justice.
• Retributive justice can be seen in life sentences (for murder)
• Crimes motivated by hate are given an ‘uplift’ (i.e. they’re harsher) as part of retribution is to represent moral outrage
• E.g. GBH usually has a 5 year sentence, but if driven by racism then it can be raised to 7 years.
• The punishment is seen as necessary and morally correct in itself, to right the wrong.

Question 9

Which theories might support retribution? - RCT

Answer 9

• Linked to RCT and sees people as rational actors who consciouslt choose to commit crine
• Fully responsibe for their actions
• It is fitting that they are therefore punished to suffer the outrage of society for their choices

Question 10

Which theories might support retribution? - Functionalism

crime is a result of the structure of society, has benefits to society

Answer 10

• Durkheim would say that retribution allows the expression of the moral outrage of society
• It allows a realease of anger and hurt suffered
• This helps reinforce social norms and expectations of the group and punish devience

Question 11

Retributive justice limitations

Answer 11

• Punishing criminals just because they have acted inappropriately does not address any underlying issues that may have led to the crimes in the first place. Some offenders need treatment rather than punishment; without treatment, the cycle of crime will continue.
• Backward-looking ideas are pointless

Question 12

What does rehabilitation aim to achieve?

Answer 12

Changing the offender’s behaviour to prevent future crime and reintegrating them into society.

It is a forward-looking approach that assumes criminal behaviour results from free will.

Question 13

What are some examples of rehabilitation programs?

Answer 13

• Drug/alcohol abuse programmes
• Access to training or education, allows them to think more rationally and choose alternative causes of action
• Community sentences
• Anger management cources

These programs aim to provide offenders with skills for meaningful work and law-abiding behavior.

Question 14

Which theories might support rehabilitation? - Eysencks personality theory

Highly N, E and P = more likely to be criminal

Answer 14

This supports the use of behaviour modification techniques such as aversion therapy
AT = used to extinguish undesirable behaviors by pairing them with an aversive stimulus

Question 15

Which theories might support rehabilitation? - Skinners operant conditioning

uses rewards and punishment to modify behavior

Answer 15

Supports the idea that behaviour can be modified if the person can see rewards at the end of it
e.g. token economies - Good behaviours earn tokens that can be exchanged for a reward
e.g. cognitive behavioural therapy - talking therapy that helps individuals manage problems by changing the way they think and behave

Question 16

Which theories might support rehabilitation? - left realism

crime disproportionately affects working-class people, reduce repression

Answer 16

supports the idea of helping people into work etc as it reduces inequality

Question 17

Define deterrence as an aim of punishment.

Answer 17

The prevention of reoffending and deterring others from committing similar crimes through the fear of punishment.

forward-thinking approach

Question 18

What are the two types of deterrence?

Answer 18

• Individual Deterrence
• General Deterrence

Individual deterrence aims to prevent a specific offender from reoffending, while general deterrence seeks to discourage others from committing crimes.

Question 19

Examples of deterrence

Answer 19

• A suspended prison sentence will deter an individual as the imprisonment will only activate if the individual reoffends.
• The harsh sentencing for minor criminality during the 2011 London Riots would be a general deterrent eg where a man was sentenced to 6 months in prison for sealing water worth £3.50 and two others were sentence for four years for ‘inciting disorder’ using Facebook.

Question 20

Deterrence limitation

Answer 20

However severe a punishment may be, if there is very little chance of being caught and convicted, then it is unlikely to deter people from reoffending.

Question 21

Which theories might support deterrence? - SLT

observing and imitating behaviors, and experiencing rewards, punishments

Answer 21

• Offenders learning from others’ mistakes relies on the social learning theory to deter criminality. Seeing others being punished could act as a deterrent.
• (However, prisons are described as ‘universities of crime’ where offenders learn from others which may be counterproductive.)

Question 22

Which theories might support deterrence? - RCT

Answer 22

Rational choice theory shows how people weigh up the cost / benefit of crime before committing it. Therefore, a deterrent might contribute to this.

Question 23

Which theories might support deterrence? - Operant conditioning

posits that behaviors are shaped and maintained by their consequences

Answer 23

• A harsh punishment could act as a general or individual deterrent

Question 24

What is public protection in the context of punishment?

Answer 24

Also known as incapacitation, it involves keeping society safe from dangerous individuals by preventing them from offending again.

This can include imprisonment, disqualification from activities, or extreme measures like execution.

Question 25

Public Protection Examples | extreme/ less extreme

Answer 25

* Extreme examples = execution, banishment, cutting off the hands of thieves (England in the past, Saudi Arabia today) or chemical castration used on sex offenders (e.g. in some American states) * Less extreme examples = restricting activities such as disqualification from driving, curfew or electronic tagging

Question 26

Prison as Public Protection - laws

Answer 26

* This is the most common form of incapacitation where offenders are removed from society. **The Crime (Sentences) Act of 1997** introduced standard sentences for specific offences (e.g. 7 years if a person has a third conviction for Class A drug trafficking). * The **CJA 2003** says that prison is partly meant for public protection. They introduced ‘**indeterminate sentences**’ which mean that they would have no set release date. These are for people who are deemed a danger to society (particularly for violent / sexual offences).

Question 27

Public Protection - Interminate sentence: Case study, Pat's story

Answer 27

* Pat's partner was involved in a drunken fight and the court passed an indeterminate sentence for public protection (IPP). * served 4yrs over his minimum tarif leading to him becoming depressed * denied parole twice * laws changes that nobody with a sentence 2> can receive an interminate sentence * he believes his sentence is unjust as after the law changes he wouldve only recieved a 18 month fixed sentence and be free

Question 28

Which theories might support public protection? - Right Realism | inadequate or inappropriate socialisation, strong SC to deter crime

Answer 28

* The right realism approach suggests a sentence is required to protect the public because social constraints on behaviour are weak so stricter social control is required to protect others. * According to right realists, a small number of people persistent offenders are responsible for majority of crimes so it’s acceptable to incapacitate them with long term sentences.

Question 29

Which theories might support public protection? - Biological theories | Genetic, Physiological, Biochemical

Answer 29

* Genetic - If it can be shown that a criminal was born that way and it is not possible to rehabilitate them, then public protection may be the only way. * E.g Lombroso (Physiological) argued for sending criminals away to an island to protect the rest of the public. * Biochemical: Biological theories might support chemical castration as a public protection from sex offenders

Question 30

What is reparation in the context of punishment?

Answer 30

Compensating the victim of the crime or making amends to society as a whole. | ‘Pay back’, It can be tailored to the particular crime committed

Question 31

Reparation Examples

Answer 31

* For property crime, the person could be told to compensate the victim for the damage with a compensation order, or if it was public property the person could be sentenced to community payback as part of a community order (i.e. cleaning graffiti, picking up litter) * This Includes Restorative Justice giving the victims the chance to tell the offender the impact of their crime, find out the reason for the offence and receive an apology. This can be done in person or through a letter. 14 percent of offenders do not reoffend.

Question 32

Which theories might support reparation? - Left realism

Answer 32

* Left realism would see this as contributing to a long-term change toward a more equal and caring society

Question 33

Which theories might support reparation? - Labelling theory

Answer 33

It can reintegrate people back into mainstream society and allows them to express their remorse. It could help prevent the slide into secondary deviance.

Question 34

Which theories might support reparation? - Functionalism

Answer 34

Durkheim favoured this kind of approach to be able to put things back into a harmonious state - for the smooth running of society.

Question 35

True or False: Retribution seeks to change offender behavior.

Answer 35

False ## Footnote Retribution focuses on punishing the crime rather than changing future behavior.

Question 36

What historical perspective exists on the death penalty as retribution?

Answer 36

Historically, different forms of execution reflected the seriousness of the crime, such as hanging traitors or boiling servants who killed their masters. ## Footnote This reflects the application of proportionality in punishment.

Question 37

What role does the media play in shaping views on punishment?

Answer 37

* Newspaper have hugely influenced public views since the 18th century and made them more aware of crime * for example about ending capital punishment in the 1950s and 60s and in terms of campaigns for tougher sentences for terrorists and paedophiles * .

Question 38

Fill in the blank: The aim of punishment that involves making it impossible for criminals to offend again is called _______.

Answer 38

Public Protection ## Footnote This can involve various measures, including imprisonment or other restrictions.

Question 39

What is the significance of the Sentencing Council in the UK?

Answer 39

It provides guidelines to courts on appropriate sentences, ensuring proportionality in punishment. ## Footnote This is crucial for maintaining justice and fairness in sentencing.

Question 40

Which theories might support rehabilitation as an aim of punishment?

Answer 40

* Left realism * Eysencks personaliy theory * Skinners operant conditioning

Question 41

Which theories might support retribution?

Answer 41

* RCT * Functionalism

Question 42

Which theories might support deterrence?

Answer 42

* SLT * RCT * Skinners Operant conditioning

Question 43

Which theories might support public protection?

Answer 43

* Right realism * Biological theories: Genetic(lombroso Physiological), Biochemical

Question 44

What role do Social changes play in shaping views on punishment?

Answer 44

* for example in the past, during the Industrial Revolution and later during the decline of the inner cities in the inter-war period social problems were created which led to crime but also greater public awareness and sympathy. * Some things which were acceptable in the past, such as domestic abuse or drink driving are also not acceptable any more

Question 45

Which theories might support reparation?

Answer 45

* Left realism * Labelling Theory * Functionalism

Question 46

What role do actions of individuals and pressure groups play in shaping views on punishment?

Answer 46

* In the past, for eg, Elizabeth Fry did a huge amount to reform prisons and the objectives of putting people in prison. * Today, groups like the Howard League for Penal Reform pressure the gov to improve punishments

Question 47

What role do New ideas in Education and Politics play in shaping views on punishment?

Answer 47

* for example the Enlightenment led to more humane attitudes. * Liberalism in the 19th and 20th century led to a more tolerant attitude * Socialism in the 20th century gave greater sympathy to the working class poor. * Left realism is influenced by socialism and right realism by conservative views

Question 48

What factors can influence views on punishment?

Answer 48

* New ideas in Education and Politics * actions of individuals and pressure groups * Social changes * Media Governments have been influenced by all these factors in to changing their policies and making new laws about how people should be punished.