AC2.2- AIMS OF PUNISHMENTS Flashcards

1
Q

What is retribution?

A

Aiming to punish the offender to the level that is deserved
Means ‘paying it back’

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2
Q

What are retributions aims?

A

To punish the offender for the crimes that they have committed

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3
Q

What idea is retribution based on?

A

Criminals should get their ‘just desserts’
-offenders deserved to be punished + society is morally entitled to take its revenge
The punishment should fit the crime- should be equal or proportionate

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4
Q

What does the idea of proportionality lead to?- retribution

A

Leads to ‘tariff system’/ fixed mandatory penalties for different offences e.g mandatory life sentence for murder

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5
Q

What does retribution NOT do?

A

Seek to alter future behaviours

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6
Q

What is the aim of rehabilitation?

A

Alter the offenders mindset- future reoffending can be prevented and can be reintroduced into society
Can reform or change offenders

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7
Q

What idea is rehabilitation based on?

A

Freewill
An individual can change their behaviour

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8
Q

What does rehabilitation use instead of focusing on punishing past offences?

A

Used various treatment programmes to change offenders future
> Address the issues which led to the offending

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9
Q

What do rehabilitation policies include?

A

Education and training programmes- can avoid unemployment, earn ‘honest living’
Anger management courses for violent offenders e.g Aggression Replacement Training (ART)
Drug Treatment
Programmes to treat alcohol dependence

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10
Q

What often included requirements for offenders to engage in programmes as part of a sentence?- rehabilitation

A

Community sentences

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11
Q

What is the aim of a deterrence?

A

Stop an offender/ anyone in society from committing a crime through FEAR OF PUNISHMENT

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12
Q

What is an individual deterrence?

A

Uses punishment to deter the individual from reoffending- may convince the offender that it’s not worth repeating

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13
Q

What is an example of an individual deterrence?

A

Suspended sentence- the term of imprisonment will only activate if future offending occurs

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14
Q

What is a general deterrence?

A

Aimed at deterring society in general from breaking the law- public will see an individual offender being punished and know what they’d suffer with similar crime

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15
Q

Where is the public most likely to learn about results of offending?- deterrence

A

Media reports

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16
Q

In what context would deterring not work?

A

If there is very little chance of being caught and convicted

17
Q

What is public protection?

A

Punishment is used to protect public from further offending through incapacitating offenders

18
Q

What does punishment for public protection aim for?

A

Removing the offenders physical capacity to offend again

19
Q

What are examples of types of the incapacitation policy?

A

Curfews and electronic tagging/ restrict offenders movements
Chemical castration of sex offenders
IMPRISONMENT

20
Q

What do prisons do for public protection?

A

Take offenders out of general population, prevents them from committing further offences against public

21
Q

What is an example of a law that incapacitation for public protection has influenced?

A

The Crime (Sentencing) Act 1997- introduced mandatory minimum term jail sentences for repeat offenders

22
Q

What is the aim of reparation?

A

Offender making amends for a wrong they have done, whether to an individual victim, society as a whole or both
Need to recognise wrongfulness of their actions

23
Q

What is an example of making amends for material damage?

A

Financial compensation for victim e.g. paying costs of repairing damage done to property
Unpaid work- removing graffiti

24
Q

What is Restorative Justice?- reparation

A

bring offenders and victims together, usually with help of a mediator
- allows victim to explain the impact of the crime
- offender can see harm they caused, express remorse

25
Q
A
26
Q

What theory does retribution link to?

A

Right realist

27
Q

How does retribution link to right realism?

A

Ensured defendant is being punished to appropriate level without consideration of the reasoning behind the crime of prevention of future offending

28
Q

What theory links to rehabilitation?

A

Individualistic theories

29
Q

Why does rehabilitation link to individualistic theories?

A

supports rehabilitation
Skinners operant learning theory- supports use of token economies

30
Q

What type of theory links to individual deterrence?

A

Marxism

31
Q

How does individual deterrence link to Marxism?

A

Crime inevitable in a capitalist society
Sentences are the means to control the w/c who are heavily policed compared to u/c

32
Q

What theory does general deterrence link to?

A

Social learning theory

33
Q

How does general deterrence link to the social learning theory?

A

If offenders see a model being punished for offending, they will be less likely to imitate that behaviour

34
Q

What theory does public protection link to?

A

Right realism

35
Q

How does public protection link to right realism?

A

See incapacitation as a way of protecting public from crime
Small number of persistent offenders are responsible for majority of crimes

36
Q

What type of theory does reparation link to?

A

Functionalists

37
Q

Why does repatation link to functionalism?

A

Putting things back the way they were before the crime was committed is essential for a smooth functioning society