ac 2.2 discuss the aims of punishment Flashcards
(9 cards)
1
Q
aims of sentencing section 24 criminal justice act 2003
A
- punishment of offenders
- reduction of crime
- reform and rehabilitation of offenders
- protection of public
- making of reparation by offender to person affected
2
Q
what is retribution?
A
- the offender is punished in respect of the crime committed
- idea that offender deserved punishment
- does not seek to alter future behaviour but merely to inflict punishment in proportion to offence
- can be expressed as a defendant getting their ‘just desserts’
- links to right realism, ensures defendant is being punished to an appropriate level
3
Q
what is rehabilitation?
A
- aims to reform offenders and reintroduce them into society
- hopes that offenders behaviour will be altered
- presumes that criminal behaviour is the result of free will and rational choice
- link to individualist theory
4
Q
examples of rehabilitation
A
- community sentences
- probation orders
5
Q
what is individual deterrence ?
A
- aims to dissuade the offender or anyone in society from committing crime through fear of punishment
- links to social learning theory, prevalent sub cultures is one of the main ways observant learning occurs
6
Q
what is general deterrence?
A
- aims to prevent potential criminals from committing crime through
- impact of a sentence with deterrence element is weakened by the fact it relates to someone else
- links to marxism theory as they are likely to view criminality as inevitable given the capitalist society we live in
7
Q
what is public protection?
A
- punishment must serve as a useful purpose for society by protecting us from dangerous criminals
- referred to as incapacitation as offender is prevented from exercising their freedom
- link to theory, right realist viewpoint may see the need to impose a sentence to protect the public, stricter social control is needed to reduce crime and punishment
8
Q
what is reparation?
A
- aims to ensure the defendant pays back to the victim or society for the wrongdoing
- often involves compensating the victim, usually by ordering the offender to pay a sum of money to the victim
- includes making reparation to society
- links to left realist approach as punishments may be seen as a way of providing practical measures to reduce crime and produce a long term change to a more equal caring society
9
Q
what is denunciation?
A
- aims to show offenders that society approves of their behaviour
- helps to reinforce the moral and ethical codes or boundary maintenance
- link to theory, functionalism sees social control as a means of achieving solidarity in society