AC 2.2 Flashcards
What is retribution?
-Punishment inflicted on someone as revenge, a way for society to express moral outrage.
-An eye for an eye, based on the idea that criminals deserve to be punished for breaking society’s moral code. -Punishment must be proportional to the crime and it is necessary if the offenders behaviour doesn’t change
What are examples retribution?
-the scold, a metal brace put over the head of a women in the 16th century to stop them talking, this is a punishment for gossiping or lying
-naming and shaming, a form of humiliation and revenge, like uploading a mugshot of a criminal
-the death penalty, seen as the ultimate revenge
How is the Kenneth Smith case an example of retribution?
-received the death penalty for the murder of Elizabeth Sennett
-contrivetial because he was killed with violence, lasted 20 minutes
-added retribution because he suffered
What theories link to retribution?
Right realism - assumes that offender makes a rational choice so must face consequences.
Functionalism - Durkheim would argue that punishment is boundary maintenance
Skinner - if they are punished they are likely to not repeat their behaviour
What are the criticism of retribution?
- the person could later be found innocent after receiving the death penalty
- punishment may be too harsh
- killing someone for murdering is hypocritical
- no rehabilitation so high recidivism
What is incapacitation?
Used as means to protect the public from further offending by removing a criminals capacity to reoffend
What are examples of incapacitation?
- death penalty
- cutting off hands of thieves
- curfews and tags
What are the theories that link to incapacitation?
Lombroso - criminals are biologically different so there is no point in trying to rehabilitate them.
Right realism - incapacitation is a way of protecting the public from crime
What are the criticisms of incapacitation?
- Some work but only temporarily after the punishment is over it will stop working
- restraining orders can be broken
- crime still occurs within prison offenders don’t have the opportunity to change
What is deterrence?
Stop being someone from committing crime through fear of being caught or punished. It can be either individual or general.
What are examples of deterrence?
General: CCTV, anti homelessness architecture, harsh punishments e.g. London riots, house alarms
Individual: going to prison, community service, suspended sentence
What are the theories that linked to deterrence?
Skinners operant conditioning – people learn through reward and punishment of their actions. They won’t repeat behaviour based on consequences, individual deterrence.
Right realism – people see others being punished for their actions some irrational choice not to commit crime. General deterrence
What are three criticisms of deterrence?
– some people don’t care about consequences
– Some crimes are committed out of a necessity so consequences are considered e.g. stealing baby food
– high recidivism rates after prison
Describe what severity versus certainty is.
It is a limitation to the idea that fear of punishment is deterrence. If there is a low chance of being caught for a crime a person may still committed even if it means there is a severe punishment but if there is a high chance of being caught, they won’t commit commit the crime.
What is reparation?
This is where the aim of the punishment is to repay for the harm that they’ve done it is a practical way to pay back from the crime. E.g. financial compensation and community payback schemes.
What theories linked to reparation?
Labelling – in favour of restorative justice, it proves there were more full so they can go into society.
Functionalism – restorative justice is essential for a smooth functioning society .
What are three criticisms of reparation?
– it’s either party. It doesn’t want to participate with restorative justice. It can’t happen.
– it would harm victims of traumatic crimes
– serious crimes deserve punishment, right realist
What is rehabilitation?
It is the idea that the offender can change for the better if the root of the problem is the focus and not the punishment
What are three examples of rehabilitation?
– education in prison to avoid unemployment
– Anger management courses
– Drug test testing and treatment
What two theories linked to rehab rehabilitation?
Left realism – it looks at the root of the problem to see how to avoid crime.
Freud – sports rehabilitation policies, cognitive behaviour therapy
What are three criticisms of rehabilitation?
– If the criminal doesn’t want to change they can’t helped
– Victims may feel they don’t get justice
– Biological theorist believe that criminals can’t change as they are biologically different so can’t be rehabilitated e.g. Lombroso
