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 + its links to theories + Criticisms?

Answer 2

• Inflicting punishment + suffering on an offender for vengeance like how they caused suffering
• Proportionality = the crime committed and a fixed sentence for it should be similar in severity
• links to right realism as offenders have rational choice and are responsible for actions + functionalist theory as it acts as boundary maintenance
• Criticisms = everyone deserves forgiveness, no remorse or lessons are learnt, each crime is different, so people disagree

Question 3

Explain rehabilitation, the linked theories and criticisms?

Answer 3

• Idea that punishment should help change people, so they won’t later re-offend
• Includes anger management, drug addiction courses, and education but all require support from trained professionals
• Supported by Skinner’s operant learning theory with token economies + Left Realism
• Criticisms = high reoffending rates, Marxists say too much emphasis is on the individual not capitalism causing i

Question 4

Explain Deterrence, the theories linked to it and its criticisms?

Answer 4

• Punishment should discourage committing crime
• Indvidual deterrence = punishment convinces offenders it’s not worth reoffending.
• General deterrence – prevents public offending as they don’t want to suffer the same, in the past stocks were used
• Certainty of punishment acts as more of a deterrent than severity e.g. only 5% of burglaries are convicted
• Link to theories – right realism due to rational choice, and social learning theory as public won’t imitate behaviour
• Criticisms – reoffending rates are high, assumes offenders act rationally when most are impulsive

Question 5

Explain Public Protection, its links to theories and it’s criticisms?

Answer 5

• Removes offenders’ ability to re-offend publicly
• Claimed that ‘prison works’ as it takes offenders out of circulation and prevents further offences – the crime sentencing act 1997 more mandatory sentences were introduced e.g. automatic life sentence for second serious sexual offence
• The 2003 Criminal Justice Act introduced IPPs (Imprisonment for public protection) which enabled courts to give sentences without a fixed release date (abolished in 2012 for new cases)
• Theories = Lombroso’s biological theory as criminals can’t change as its in their DNA to commit crime, right realists – they believe a small number of offenders reoffend multiple times
• Criticisms – doesn’t tackle causes of crime, costs lots and causes Warehousery with no hope of release

Question 6

Explain Reparation, its links to theories and it’s criticisms?

Answer 6

• For material damage offenders can be made to pay financial compensation + unpaid work
• Restorative justice bring offenders + victims together to help offenders recognise mistakes + see the impact of the crime on victims
• Theories = functionalist theory as its essential for a smooth-running society
• Criticisms = doesn’t work with indictable offences e.g. murder victims, seen to be too soft and offenders get off lightly.