2.2 Discuss Aims Of Punishmenr Flashcards
(10 cards)
Retribution.
- to punish offenders on behalf of society to exact vengeance.
E.g prison time depending on crime or moral outcry.
E.g assault may be treated more severely if racially motivated.
Controversy: many argue that retribution does not reduce recidivism and other methods should be used.
What links with retribution?
Functionalism - retribution considered helpful for boundary maintenance, reminding people that committing crimes has a consequence.
Rehabilitation
Punishment in forms of trying to internalise change.
E.g attending anger management or behaviour therapy. Also involve education and training programmes to reduce re-offending.
Controversy: right-realist do not favour, claiming that re-offending is inevitable regardless of programmes created.
What links with rehab?
Operant conditioning - ‘token economy’ - acknowledges positive behavioural changes through positive reinforcement (rewards).
Deterrence.
Puts people off/ prevents people from committing crimes
E.g prison sentences and juvenile sentences to make people fear punishment.
E.g media coverage of life inside prisons.
Controversy : not all offenders think rationally and crime is usually an impulsive or emotional decision, therefore considering prison is not a strong enough factor to decrease crime rates.
What links with deterrence?
Social learning theory - if people observe behaviours leading to punishment, they are less likely to imitate behaviours.
Vicariously learning through observation and imitation of consequence to not break laws and face potential consequence.
Public protection/ incapacitation
Members of public are protected from criminals that are in jail.
E.g imprisoned or chemically castrated sex offenders.
Links to criminal justice act (2003) - incapacitates offenders without fixed release ~ confidence of security for victims.
Controversy: concerns about overcrowding and rising costs due to increase imprisonment and lack of prison funding.
What links with incapacitation?
Right realism - considers people responsible for actions and liable for their consequences.
No empathy for offenders or potential offenders.
Reparation.
‘Pay back’, makes offenders make amends for their crimes.
E.g vandalism - offenders required to provide financial compensation or community work.
Restorative justice : offender meets with victim or family members to seek forgiveness and/or to express remorse.
Controversy: not possible for all crimes e.g restorative justice would be ineffective for a victim and a sex offender.
What links with reparation?
Labelling theory - restorative justice allows criminals to be empathetic, helps avoid them being labelled as a ‘lost cause’ , improves the likelihood that they return to society normally depending on sentence and release.
Emotive reasoning- lack of labelling them as ‘criminal’