2.2- aims of punishment

Question 1

What are the 5 aims of punishment

Answer 1

• retribution
• rehabilitation
• deterrence
• public protection
• reparation

Question 2

Explain retribution

Answer 2

Vengeance for breaking socities moral code
Punishment of offenders of behalf of society (expression of socities outrage of crime)
Eye for an eye- punishment proportional to crime
Punishment seen as morally good even if not deter behaviour

Question 3

Explain the tariff system as a form of retribution

Answer 3

There’s a fixed scale of mandatory sentences for certain cases, moral outrage can cause an increase in these sentences (hate crime results in higher tariff sentence e.g. if racially motivated)

Question 4

What are the 2 theory links for retribution, explain them

Answer 4

• Right realism- assume offenders are rational actors, responsible for actions/made active choice so are responsible for actions
• Functionalism (Durkheim)- say retribution good for boundary maintenance- remind people of right from wrong/cost of crime

Question 5

What are the criticisms of retribution

Answer 5

• doesn’t reduce recidivism rates
• fixed penalties mean discretion cant be used\
• disagreements on proportionality/what crimes regarded as serious
• offenders deserve forgiveness

Question 6

Explain rehabilitation

Answer 6

Help offenders change behaviour, allow them to have a crime free life, doesnt punish past offences, uses treatment programmes, addresses the issues that led to offending

Question 7

Name 4 different rehab policies that an offender could be sentenced to

Answer 7

• education/training- improve employment, learn new skills
• anger management- cognitive behavioural therapy
• drug testing- addiction connected to reoffending
• support- recources, professional help, probation officers

Question 8

Name 3 individualistic theory links for rehabilitation

Answer 8

• cognitive theories- teach offenders to correct thinking errors
• eysnecks personality theory- aversion therapy to deter offending
• skinner operant learning theory- token economy- rewards)

Question 9

Explain left realism as a theory link for rehab

Answer 9

Favour rehab- addresses social cause of crime
They believe cause of crime= poverty, lack of education

Question 10

What are the criticisms of rehabilitation

Answer 10

• requires time/money
• right realists say rehab has limited success
• Marxists say rehab shifts blame to individual, real cause of crime= capitalism

Question 11

Explain deterrence

Answer 11

Discourage future offending (fear of being caught)
General and individual deterrence
Severe punishment- only successful where offender likely to be caught
Mild punishment- effective where great chance of being caught (only 5% of burglaries result in conviction so wouldn’t deter)

Question 12

What are the 2 types of deterrence and explain them

Answer 12

• Individual deterrence- punishment that deters individual, see its not worth repeating (margret thatcher- short/sharp/shock detention centre)
• General deterrence- deter society from breaking law, public seeing punishments of others= deterrence (media)

Question 13

Name 2 right realism theory links to deterrence

Answer 13

• rational choice theory- offenders are rational actors, weigh up costs of crime
• situational crime prevention- target hardening mean harder to commit crime e.g. locks on doors

Question 14

Explain social learning theory as a theory link for deterrence

Answer 14

Social learning theory- if offender see model punished for offence, less likely to do the same (general deterrence)

Question 15

What are the criticism of deterrence

Answer 15

• boot camps/short sharp shock not successful
• prison not an effective deterrence- 50% reoffend within year
• ignore irrational acts based on emotions/impulses
• assumes offenders aware of risks- if not knowledgeable then efforts to deter wont work

Question 16

Explain public protection

Answer 16

• protect public from offenders
• incapacitation- remove offender physical capacity to commit crime (execution, chem castration, curfew)
• imprisonment- take offender out of circulation, protection of public through imprisonment influenced by:
  Crime (sentences) act 1997- mandatory min jail sentence for repeat offences (life sentence for second violent offence)
  Criminal justice act 2003- give sentence with no fixed release date due to dangerous offences

Question 17

Name the 2 theory links for public protection

Answer 17

• lombroso- impossible to change criminals minds as their biologically different to us, support deterrence over rehab
• right realism- say persistent offenders are reasonable for majority of crimes, people are responsible for actions/liable for consequence, should be removed from society

Question 18

What are the criticisms of public protection

Answer 18

• lead to longer prison sentences- increase costs/population of prisons
• not deal with cause of crime/changing offender
• re-punishes for past mistakes
• unjust, punishes for crimes the law assume they will commit in the future

Question 19

Explain reparation

Answer 19

• offenders make amends for wrong done (material/social)
• financial compensation- pay cost to repair damaged property, courts impose compensation orders on offenders
• unpaid work- reparation to society (community pay back, e.g. remove graffiti)
• restorative justice- amends made to social damage, recognise impact of actions- face v alongside mediator (v voice impact, d express remorse) allows reintegration back into society

Question 20

Name the 2 theory links for reparation

Answer 20

• Labelling- allow d to show remorse, allow reintegration back into society, avoid d labelling self as lost cause
• functionalism (Durkheim)- restore things to way they were before, essential for modern societies to function (restitutive justice) also favour restorative justice

Question 21

Explain the criticisms of reparation

Answer 21

• not work with all offenders, harder to work for more serious offences (murder/rape- v not want to face d)
• too soft on offender
• restorative justice- more control opportunities (domestic violence cases)