2.2- Discuss the aims of punishment

Question 1

what are the sims of punishment?

Answer 1

retribution, rehab, deterrence, public protection, reparation

Question 2

what is retribution?

Answer 2

Inflicting punishment on an offender as vengeance for a wrong criminal act.
-based off the idea that criminals should get their ‘just deserts’ they should be punished and society should be entitled to take its revenge. Offender should be made to suffer

Question 3

retribution- proportionality

Answer 3

Punishment should fit the crime. ‘eye for an eye’ E.g. some argue murderers should have the death sentence. Leads to a fixed scale of penalties for each crime

Question 4

retribution- moral outrage

Answer 4

-although it deters, retribution has the purpose of expressing moral outrage at the offender. Retribution is a way in punishing crimes that have already happened, not preventing further ones. Punishments itself is morally good. E.g. is Grievous bodily harm being increased max sentence from 5 to 7 if its racially motivated

Question 5

What theory is retribution linked to?

Answer 5

right realist theories like rational choice theory- Like these retribution assumes the offender is a rational actor so what ever they choose to do is thier responsibility.
-for functions sociologists the moral outrage it expresses performs the function of boundary maintenance.

Question 6

what are the limits of retribution?

Answer 6

-can be argued offenders deserve forgiveness, mercy or chance to make amends
-fixed tariff or penalties can result in punishments being inflicted even if there is no good that comes out of it- e.g. the offender is already remorseful
-How do we decide what is proportionate/ just desert? Media crimes are taken more seriously

Question 7

what is rehab?

Answer 7

-uses various treatment programmes
-aims for punishment to be used to reform or change offenders so they no longer offend

Question 8

examples of rehab policies:

Answer 8

education and training programmes: avoid unemployment and live honest life
Anger management courses such as cognitive behavioral therapy
Drug treatment and testing orders

These are all often requirements for the offender to engage in

Question 9

requirements of rehab policies:

Answer 9

support- input and resources from professionals like probation officers and therapists etc. Particularly in cases where they need to learn to renter society

Question 10

what theory goes with rehab?

Answer 10

Individualistic theories that advocate ways of changing the offenders behaviour:
-Cognitive theories e.g. CBT
-Eysenck personality theory: aversion therapy
-Skinners operant learning theory
-sociological theories such as left realism as they regard factors such as poverty as causes of crime

Question 11

criticisms of rehab

Answer 11

limited success- re offending rates
Marxists say shifting responsibility onto individuals offenders failings rather than talking about how capitalists can lead to crime

Question 12

what is deterrence

Answer 12

deter someone from doing something, e.g. fear of being caught

Question 13

describe individual deterrence

Answer 13

-specific deterrence uses punishment to deter the individual- e.g. may convince its not worth repeating.
-‘prison works’ based on idea that if sentences or environment are tough enough it will defer others, e.g. Margret Thatcher introducing a new though system in juveniles detention tough system and American boot camps.

Question 14

describe general deterrence

Answer 14

deterring society. If they see and individual offender be published they wont want to be punished in the same way. In past this worked with public executions and flogging etc, now it is published by media reports

Question 15

deterrence severity v certainty

Answer 15

severity- if it is a severe punishment but you are unlikely to be caught this could lead to less deterrence. E.g. min sentence of three years for a domestic burglary but only 5% cases are successfully convicted. On the other hand if they are likely to be caught this is a good deterrence

Question 16

theory that links to deterrence

Answer 16

right realism
-rational choice theory (rational actors who way up benefits before offending)
-situation crime prevention strategies: e.g. target hardening make it harder to commit a crime successfully- deterrent
social learning theory: general deterrence: offenders see a model getting punished

Question 17

What is public protection

Answer 17

Incapacitation punishments may be used to protect the public from harm, removing the offenders capability to offend again

Question 18

incapacitation policies (public protection) examples:

Answer 18

-executions
-cutting off hands
-chemical castration
-banishment
-foreign travel bans (football hooligans)
-curfews and electronic tagging

Question 19

imprisonment as public protection

Answer 19

main means of incapacitation- part of the claim that prison works by taking them out of society, protecting the public.
Has influenced sentencing laws: Crime sentences act of 1997 said mandatory minimum jail sentences for repeat offenders: e.g. automatic life for serious sexual or violence offences.
Also criminal justice act 2003: introduced: imprisonment for public protection allowing courts to give a sentence with no fixed release date for people with has serious violent or sexual offences. Three strikes and your out law as well in 1990s for third offence how ever small it was if their previous two were serious enough.
-JERRY WILLIAMS JAILED FOR 25 YEARS: slice of pizza theft

Question 20

what theory does public protection link to

Answer 20

Biological theories: Lombroso argued criminals are biologically different from others, cannot be saved, favoured putting them in exile e.g. islands.
Rights realists: see incapacitation way as protecting public from crime. Small number of persistent offenders are responsible for most crimes so they should be locked away

Question 21

limits of public protection

Answer 21

-leads to longer sentences and long term warehousing of offenders with little hope of release. Leads to rising prison population and cost
-incapacitation is a strategy of containment or risk management. Does not deal with reason for crime or make them into law abiding person
-three strikes principle re punishes individuals for their previous crimes
-unjust as it imprisons them for crimes the law assumes they may commit in the future

Question 22

reparation- what is it?

Answer 22

offender making amends for the wrong they have committed to an individual/ society. examples can include: financial compensation or unpaid work

Question 23

restorative justice: reparation

Answer 23

-individual recognizing what they have done wrong. Can be done by restorative justice schemes, that bring offender and victim together.
-allows victim to explain the impact it has had, offender realizes harm they have caused express their remorse and seek forgiveness. Helps bring closure for victim and re-enter offender into society

Question 24

theory linked to reparation

Answer 24

Labelling theory: favours this way as re entering offender into mainstream society By enabling remorse, prevents them being pushed into secondary deviance.
Functionalists: E.g. Durkheim. Argue restitutive justice (putting things back how they were before) is essential for smooth rolling societies

Question 25

limits of reparation:

Answer 25

-may not work for all types of offence: compensation for damage etc may be straight forward, but serious crimes such as rape? A rape victim may not want to forgive their rapist, and by definition reparation for homicide victims is impossible.
-too soft- lets offender off slightly