2.2 Flashcards
(7 cards)
Public protection
Punishments can remove offenders from society, removing their physical capacity to commit crime.
Prisons are the main form, take prisoners out of society.
Theories to support:
Biological theories-
Favour exile.
Right realism- supports the public
Criticisms:
Incapacitation results in longer sentences, adding to increasing prison population.
Doesn’t acknowledge causes of crime.
Retribution
Paying back to society, inflicting punishment on offenders as vengeance.
Just deserts- society is entitled to take revenge
Proportionality- punishment should fit the crime
Theories:
Right realism- offenders are rational actors and are fully responsible for their actions, support just desserts.
Functionalism- ‘boundary maintenance’, punishments remind society of right/ wrong.
Criticisms:
-Priorites punishments over treatment
-Makes it more difficult to consider mitigating factors
-Dehumanises offenders
Rehabilitation
Idea that punishment can be used to change offenders.
Education and training programmes:
Prisoners gain skills/ qualifications.
Anger management, drug treatments
Theories:
Cognitive-
View of criminal behaviour as influenced by thoughts/ beliefs, favours CBT.
Eysenck-
Distinctive personality traits, favours aversion therapy.
Skinner-
Actions are influenced by consequences, supports token economies.
Criticisms:
Right realism believes rehab has limited success.
Marxism criticise rehab for shifting responsibility for offending onto individuals over capitalism.
Reparation
Idea that offenders are making amends for their wrongful actions.
Restorative justice:
Offenders must take responsibility for their actions, brings the offender and victim together using a mediator.
Theories:
Labelling- favours restorative justice as a way of reintegrating offenders back to society.
Functionalism- essential for smooth functioning of society.
Criticisms:
May not work for all types of crime.
Some regard reparation as ‘too soft’.
Deterrence
Convinces offenders that reoffending isn’t worth it through punishments, deters society though marking an example.
Severity and certainty:
Regardless how serve a punishment is, there is a low certainty of offenders being caught it wont act as a deterrence.
Theories:
Right realism- favours servere punishment and certainty to prevent crime.
Social learning theory- relevant to understand deterrence.
Criticisms:
About half of prisoners re-offend after a year or less of being released.
Assumes offenders are aware of all punishments and are still offending.
Assumes offenders act rationality.
Denunciation
Act of accusing someone in public, confronting them aims to show offenders that society disapproves of their behaviour.
Boundary maintenance:
Set by functionalists, suggests that the solidarity of society would create social control. Punishing offenders strengthens as it helps to enforce moral and ethical conduct.